Estabilidad laboral reforzada en el Ecuador : análisis de la Sentencia No. 3-19-JP/20.

Abstract

The dismissal of women from public sector employment due to maternity, despite existing constitutional guarantees of protection, generates controversy regarding the scope of enhanced job security in relation to different forms of employment. This study aims to analyze the constitutional guarantee of enhanced job security in Ecuador, through a review of Constitutional Court Ruling No. 3-19-JP/20 and related cases. This research employs a qualitative approach, applying the legal method, the analytical-synthetic method, and case study methodology, in addition to documentary analysis of regulations, doctrine, and constitutional jurisprudence. The results obtained demonstrate that this constitutional guarantee protects the labor rights of pregnant and breastfeeding women regardless of their employment arrangement, establishing jurisprudential criteria aimed at ensuring their continued employment. Furthermore, it was established that this special protection is linked to rights such as equality and non-discrimination, work, care, and social protection. It is concluded that enhanced job security is a mechanism for protecting fundamental rights that prevents dismissal when rights related to maternity and breastfeeding are at stake.