Acciones legales de la mujer embarazada cuando ha sido removida de su cargo de libre nombramiento y remoción

Abstract

There is a proposal on a set of actions to be implemented in favor of pregnant women when they have been removed from their position of free appointment and dismissal. The Constitution provides that people are equal and we are enabled to enjoy of the same rights and opportunities with no discrimination and there are other laws that acknowledge and warrant labor rights of pregnant women. Proposed actions: i) Contentious-administrative resource, intended to declare nullity of the administrative act, when the agency’s pronouncement was not issued with the motivation established in the law; ii) Protection action is usable to declare unconstitutionality of issued resolution, when constitutional rights on labor stability and protection of pregnant women have been disregarded; and, iii) Extraordinary Protection Action: is intended to protect constitutional rights and due process in resolutions issued as a judgment, where for action or omission, rights provided in the Constitution have been disregarded. Finally it proposes introducing in the COFJ and LOSP an express protecting regulation for such cases.