Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract:The judicial system of Ecuador legislaction has generated a very important precedent in labor matters, specifically regarding the ineffective dismissal of pregnant women, establishing peremptory deadlines that must be met. However, protection mechanisms require strict compliance with their specific procedural conditions, the non-observancee of which would lead to the declaration of the action´s lapse. This research analyzes judicial resolution Nro. 17321- 2023-00531, issued by the Civil Judicial Unit of the Rumiñahui canton, which resolved to accept the lapse of an action for ineffective dismissal of a pregnant woman, since it was filed outside the legal term. Through a legal and doctrinal analysis based on the study of the judgment, current regulations, and national jurisdiction, the way in which the non-observance of the thirty-day period for ineffective dismissal established in article 195.2 of the labor code, as well as the incorrect individualization of the action as indemnification for pregnant woman instead of ¨ineffective dismissal¨, proved decisive for the declaration of lapse within the process.