Análisis de la figura del despido ineficaz en muejres trabajadoras en estado de embarazo o asociada a su condición de gestación o maternidad y su repercusión en el campo laboral

Abstract

The purpose of this research work is to determine the influence of the figure of ineffective dismissal in the labor hiring of the working woman in a state of pregnancy or associated with her condition of pregnancy or maternity; as a measure of reinforced protection. The same was developed under the synthetic analytical research method, whose purpose was to conduct a study of the observable reality and describe all its constituent elements, to obtain a clear approach to the situation, on the other hand; the descriptive explorative method was used, which allowed evaluating, determining and describing characteristics of a particular situation using relevant aspects of other legislations that provided solution mechanisms. Finally, it was framed in the deductive method, since it had as a starting point the inefficient dismissal and the repercussions in the labor field that it produces, causing discrimination and unemployment. By means of the first objective, the evolution of the figure of ineffective dismissal in the Ecuadorian pregnant woman or associated to her condition of pregnancy or maternity was explained; on the other hand, with the second objective, it was demonstrated, through comparative law, how foreign legislations establish protection to the pregnant working woman; and finally, it was verified if in practice the figure of ineffective dismissal as a measure of reinforced protection for the pregnant working woman has had repercussions in the labor contract. In addition, it was studied whether this legal figure influences the hiring of pregnant women, thus increasing the level of unemployment by preventing their incorporation into the labor market.