Estabilidad laboral reforzada en mujeres embarazadas y en periodo de lactancia

Abstract

Abstract: This paper analyzes the enhanced job security of pregnant and breastfeeding women in Ecuador, with an emphasis on its recognition in case law. Using a qualitative and hermeneutic approach, it studies how the Constitutional Court has developed a line of case law that guarantees the protection of the right to work against unjustified dismissal during these periods. It highlights that, although there is no express legal provision recognizing this guarantee, the Court has established clear precedents that oblige employers both public and private to respect the period of maternity and breastfeeding, even in the case of temporary or freely terminable contracts. The paper includes a detailed analysis of several rulings that demonstrate violations of the principle of equality and non-discrimination, and proposes regulatory reforms to ensure the effective application of this protection. Finally, it highlights the need to adapt public labor policies that recognize the double vulnerability of these women and ensure their reintegration and stability in employment.