The ineffective dismissal of women in the period of gestation or maternity

Abstract

This essay developed a comparative analysis of the figure of ineffective dismissal as expressed in the current regulations of different Latin American countries. At the same time, it legally analyzed what is established by the current Ecuadorian regulations regarding the ineffective dismissal in women in the gestation period or in maternity and, finally, described the procedure that is carried out in the Ecuadorian courts, at the time of a dismissal. ineffective. The methodology consisted of a dogmatic legal investigation and exegetical interpretation; while the techniques used were documentary bibliographic review and comparative legal analysis. It concluded that, in general terms, all the Latin American laws studied establish the prohibition of untimely dismissal of workers in situations of pregnancy or maternity. However, these present differences in the procedures subsequent to the complaint for ineffective dismissal. For its part, Ecuadorian legislation is more guaranteeing than that of Latin American countries, although the reality in the territory shows the permanence of certain violations.