El despido ineficaz respecto a las mujeres embarazadas en la legislación ecuatoriana

Abstract

The aim is to conduct a legal analysis of Ecuadorian legislation's ineffective dismissal of pregnant women. The methodology applied was a qualitative approach from the phenomenological foundation of the legal facts, the logical historical method, and the synthetic analytical method for an analysis of the ineffective dismissal. According to the Republic of Ecuador's Constitution, the Labor Code, the Organic Law for Labor Justice, and the Recognition of Work in the Home, with a treatment of rights in the national and international frameworks through the use of the documentary film analysis technique. The legal evidence presents the violation of the rights of pregnant women, and the need to strengthen the legal concept of ineffective dismissal, because compensation is insufficient for their needs. The Organic Law for Labor Justice and Recognition of Work in the Home (2015) reformed the Labor Code and incorporated the figure of ineffective dismissal, its purpose is to protect pregnant women against untimely dismissal, guarantee the right of women pregnant to return to work, if she does not wish to return to her job, it is considered items according to the law and if the employer does not want her reinstatement, she can be sanctioned according to the Comprehensive Organic Criminal Code.