El despido ineficaz; análisis de su implicación a los derechos de la mujer embarazada.

Abstract

The present work was carried out with the aim of encouraging the investigation of labor law in the Ecuadorian regulatory system, and in order to determine a proposal of lege ferenda before the lege lata that is in force, regarding the figure of ineffective dismissal. The ineffective dismissal was born as a legal institution in Ecuador in 2015 in conjunction with the Organic Law for Labor Justice and recognition of work at home, this figure caused a milestone in the protection of women in the gestation period and the leaders unions, but at the same time it is worth asking: Is this measure progressive with respect to the regulations that protected pregnant women prior to the reform of the Labor Code? It is precisely in this work that the author intends to demonstrate that the reform carried out is not the best panorama in protection of the rights of women in the gestation period, and therefore proposes to open the legal debate and create alternatives to the institution of ineffective dismissal. The author seeks through investigative, deductive and descriptive methods to reform the Labor Code in order to present a progressivity in labor rights acquired by pregnant women.