Desafíos estructurales en cuanto al reconocimiento de la Estabilidad Laboral Reforzada de personas con discapacidad en Ecuador

Abstract

Abstract: This research analyzes the enhanced job security afforded to persons with disabilities in Ecuador. Its general objective was to examine the obstacles hindering the practical application of this protection in both the public and private sectors, while specific objectives focused on studying its legal basis and evaluating the criteria established by the Constitutional Court. The core issue lies in the gap between the extensive legal recognition of this protection and its actual implementation particularly regarding casual contracts, provisional appointments, position eliminations, abrupt dismissals, the failure to provide reasonable accommodations, and the absence of reassignment processes. The study employed a qualitative approach with a non-experimental, bibliographic-documentary design, utilizing analytical-synthetic, legal-hermeneutic, legal-dogmatic, and jurisprudential methods through a review of regulations, legal doctrine, and constitutional rulings. The results indicate that enhanced job security requires the consideration of reasonable accommodations and reparation measures. The study concludes that termination of employment is consistent with the Constitution only when there is an objective cause and the decision is duly substantiated, although its effectiveness still depends on clear internal protocols and consistent application by employers, institutions, and the judiciary.