El alcance de la estabilidad laboral reforzada para personas con enfermedades catastróficas.

Abstract

Abstract: Reinforced labor stability as a principle of Constitutional supremacy guarantees the rights of workers who suffer from a specific health condition. In Ecuador, there is a representative group of people with catastrophic diseases, who have been victims of discrimination and dismissal from the labor market because of their illness; for this reason, this research, based on the study of constitutional regulations, specialized doctrine and binding jurisprudence of the Constitutional Court, analyzes the scope of the right to enhanced labor stability for people with catastrophic diseases in Ecuador. The methodology was developed under a qualitative approach and the application of the legal hermeneutic method, identifying relevant lines and jurisprudential precedents in the reinforced protection as a guarantee derived from the principle of material equality. The research evidences the violation of the constitutional principle, due to the disregard of the rights of workers with catastrophic diseases, whether acquired or pre-existing, by employers, first and second level judges, as well as important challenges in the effective application of reinforced labor stability, such as the lack of institutional mechanisms for job relocation and the repeated discriminatory practices in the work environmen.