La protección laboral reforzada de las mujeres embarazadas - Análisis integral del despido ineficaz en el derecho ecuatoriano

Abstract

This research examines the constitutional and legal framework governing the legal concept of null and void dismissal of pregnant women in Ecuador, focusing on the principle of employment tenure and enhanced labor protections. The first section reviews the historical and regulatory background of workplace maternity protections, beginning with the recognition of women’s right to work as a response to social inequalities of the time. Ecuadorian law has progressively recognized maternity protections, culminating in the 2008 Constitution, which explicitly designates pregnant women as a priority group. The second section offers a comprehensive review of national and international laws that clarify the principle of employment tenure for pregnant women, emphasizing the State’s obligation to implement measures ensuring equal opportunities and treatment at work, and to prevent unjustified dismissals related to pregnancy. The third section discusses the principle of enhanced labor protection, which considers pregnant women as a vulnerable group and grants them special legal status, requiring measures by both employers and the State to ensure their job stability and overall well-being. Therefore, this study concludes that strengthened labor protection serves as safeguards against wrongful dismissals.