The ineffective firing of women in Ecuador. Legal, constitutional and conventional approach

Abstract

In Ecuador, a series of discriminations and limitations on the rights of pregnant, maternity and breastfeeding women persist; because the criterion of mercantilist thought has been imposed on the social one, considering motherhood as an obstacle and not as a social contribution. The Ineffective Dismissal, due to its short validity in Ecuadorian legislation, has not been the subject of an extensive study to determine the effectiveness of application of this institution. However, when referring to pregnant women or pregnant women, there is a direct opposition of the legal institution of ineffective dismissal that protects their job stability, against the power of the employer to terminate the employment relationship. This research aims to identify the constitutional, legal and conventional legal bases of the ineffective dismissal of pregnant women in the Ecuadorian legal system by reviewing doctrine, jurisprudence and laws. To carry out this work, the researchers accepted the approach: critical propositional of a quantitative-qualitative nature, in order to show that pregnancy cannot constitute an obstacle to access to work, much less a justification for its termination.