El derecho a la estabilidad laboral reforzada frente a la libertad de contratación en la jurisprudencia constitucional

Abstract

Abstract: This paper analyzes the role of enhanced job security within the Ecuadorian legal framework and the rulings of the Ecuadorian Constitutional Court as a right aimed at protecting people in vulnerable situations, such as pregnant or breastfeeding women, people with disabilities, substitute workers, caregivers, and those suffering from catastrophic or rare diseases. It conceptualizes, limits, and contrasts it with the right to freedom of contract, confirming that this right is not absolute and may be limited when there are reasons of public interest, especially the fulfillment of constitutional rights and inclusive policies. Furthermore, the Constitutional Court, through its jurisprudence, has indicated that the State is not the holder of the right to freedom of contract. Finally, this paper concludes that enhanced job security seeks to build a more just, inclusive, and egalitarian society, in which the participation of the State and employers guarantees special protection and permanence for workers within this vulnerable group.