Derecho a la estabilidad laboral reforzada de la mujer embarazada o en período de lactancia con contrato de servicios ocasionales según la jurisprudencia ecuatoriana

Abstract

Abstract: This essay aims to analyze the right to enhanced job security for pregnant or breastfeeding women with occasional service contracts under the Organic Law of Public Service (LOSEP), in accordance with the jurisprudence of the Constitutional Court of Ecuador. To this end, relevant rulings are examined, and the main jurisprudential contributions are identified. The issue centers on employment terminations that violate the constitutional rights of pregnant or breastfeeding mothers hired under occasional service contracts. It presents a qualitative methodology based on documentary analysis of specialized literature, legal regulations, and key rulings. The study demonstrates how the Court has progressively contributed to the protection of this priority group with key contributions such as the right to care, strengthening the principle of non-discrimination, and through parameters to be considered by public entities and judicial officers. The rulings highlight the prevalence of constitutional rights over secondary legislation and the effectiveness of protective action for the safeguarding of rights.