Protección laboral reforzada de las mujeres embarazadas y en periodo de lactancia

Abstract

Abstract: This research analyzes the scope of enhanced labor protection for pregnant and breastfeeding women, particularly regarding the termination of temporary employment relationships. Its objective is to identify the evolution of rules established by the Constitutional Court of Ecuador and determine their application based on the type of employment arrangement. To this end, a qualitative methodology incorporating documentary and jurisprudential analysis was employed, complemented by a comparative legal study involving Colombia. The analysis concludes that enhanced protection prevents the temporary nature of the employment relationship from being used to disregard rights arising from pregnancy and breastfeeding, although it does not automatically confer indefinite job security. Article 332 of the Constitution of Ecuador prohibits dismissal due to pregnancy, consistent with Article 153 of the Labor Code, which forbids the termination of employment contracts on grounds of pregnancy and guarantees the corresponding leave; meanwhile, Articles 195.1 et seq. regulate the legal action regarding "ineffective dismissal." In the face of inequalities and arbitrary actions, it is essential to have mechanisms that provide enhanced protection taking into account the woman's pregnancy and the protection of fundamental rights in a substantive sense through the development of clear rules. It is crucial to analyze the evolution of the Constitutional Court of Ecuador s case law regarding enhanced labor protection for pregnant and breastfeeding women across various temporary employment arrangements; this analysis will allow for the development and expansion of criteria that guarantee the actual exercise of rights.