masterThesis
El despido ineficaz y sus implicaciones para conservar el puesto de trabajo de mujeres gestantes o en maternidad en Ecuador
Fecha
2022-11-16Autor
Siguencia Calle, Adrian Enrique
Institución
Resumen
This research project, part of the doctrinal description of equality and nondiscrimination, focusing on the study of the historical process of establishing
asymmetric relationships between people that has led to the consolidation of acts of
discrimination or violation of rights.
Continuing with a contextualization of the precepts of equality and non-discrimination
in light of intersectionality as a tool for analysis and development in the
implementation of policies and regulatory advances within Ecuador, specifically in
women, for an analysis of the regulatory framework and mechanisms of recognition,
protection and enforceability of these principles as pillars of protection of women in
the workplace. Discriminatory figures have been marked in labor relations, to the
detriment of people who present various conditions of vulnerability, which has
brought with it the incorporation in the Constitution of the Republic of Ecuador and
the current Ecuadorian Labor Code of specific legal institutions for your protection.
One of them, the ineffective dismissal, whose definition, scope and legal regulation,
is addressed as the originator of the permanence of women who are in a state of
maternity, and of workers who have been carrying out the function of union leaders,
since it constitutes a measure of labor justice, enshrined in the Constitution of the
Republic of Ecuador, the Labor Code, the Organic Law for Labor Justice and
Recognition of Work in the Home.
We will specify whether the inclusion of ineffective dismissal has guaranteed
protection for pregnant women or women in a maternity situation, or if other
measures are necessary; all this based on the theoretical and practical study from
the perspective of the population involved. Obtaining alternatives and solutions to
take into account for the evolutionary process of the norm, in social relations and in
the exercise of labor rights