¿El empleador tiene derecho a conocer la condición de discapacidad del postulante y/o trabajador?

Abstract

Ecuador as the entire guaranteed state welcomed several principles ratified in international conventions on people with disabilities and their labor inclusion, which is why our Constitution of Ecuador qualifies as part of vulnerable groups, among others, people with disabilities. So by 2012 the Organic Law on Disabilities is issued, which landed the constitutional principles of such protection, that is, defined who are people with disabilities, minimum percentage, tax benefits, labor, etc., in the case of benefits The so-called job stability is included, which is variable in the event of an untimely dismissal of a person with a disability that we have as part of their compensation stipulated in the Labor Code, a special compensation that is 18 remunerations but the best of that worker, ensuring that in one way or another the employer guarantees continuity to that worker with disabilities. Thus, what this Disabilities Law did not contemplate is the old applicant or worker to meet his employer who maintains a disability condition, he simply does not address this issue, so based on an analysis of the reserve rights and Freedom of contract, both for the worker and employer and its effects not only patrimonial for the employer but possibly physical for the worker, is that this work has been developed, concluding that it is the duty of the worker to notify of his or her disability status. as it was arranged for women in a state of gestation, since the proposal to consider them as a vulnerable group is the maximum protection that they need for labor development.