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

Abstract

Abstract: Judgment No. 08244-2021-00002 represents a fundamental precedent in the protection of labor and constitutional rights within Ecuador's public sector. In this case, the court recognized that N.N was subjected to wage discrimination, as she hado been performing duties different from those outlined in her original employment contract since 2013 (transitioning from administrative assistant to scale operator) without receiving the corresponding salary adjustment, despite other employees in the same position earning higher wages. This situation violated the rights enshrined in Articles 11(2) non-discrimination, 33 decent work, 66(2), (4), and (17) dignified life, formal and material equality, and the prohibition of forced labor, and Article 82 legal certainty of the Constitution. The court ordered the salary adjustment and retroactive payment of the wage difference, affirming that unequal pay for equal work constitutes a form of structural discrimination. Furthermore, it upheld that the action for protection is admissible in cases of ongoing violations of fundamental rights, thereby reinforcing the role of constitutional review as an effective mechanism of justice.