Análisis jurídico de los derechos vulnerados por el despido ineficaz de mujeres en periodo de lactancia.

Abstract

The Labour Rights emerge from the necessity for a change in society, and that is because of the multiple vulnerations that the workers were used to live. After centuries of slavery and unpaid work or non- remunerated work; works started to organize protest marches and their purpose was to fight for their rights, and that was something that brought great benefits. Already at present, most countries have codified labor laws in order to guarantee respect for equality, non-discrimination, stability among other principles and workers' rights. In Ecuador, one of the last guarantees in favor of women has been the implementation of the figure of ineffective dismissal; However, despite the implementation of this figure there are certain aspects that are not met, in terms of the deadlines stipulated by law for this process to be carried out. In our days the majority of countries have Labor laws with the objective of guarantee the respect of equality, no discrimination, stability and other principles and worker rights. In Ecuador one of the last guarantees in favor of women has been the implementation of the unfair dismissal, however with this implementation there are still some things that are not right, for example the payment times, payment schedules, settment periods that our puts law clear in Ecuador. In the analysis of this case study is because that when even where there is the law figure that was mentioned before, that envolved pregnant women or breast feeding to have security in their Jobs, many people suffer of unfair dismissal and the vulneration of their rights in front of payment schedules and they have to wait very long time to see if law Works how it is suppose to, then, we can appreciate that the pregnant woman, when dismissed in an untimely manner, leads to what we call ineffective dismissal, since this can not be dismissed during the duration of her pregnancy or during her period of lactation; Therefore, by being dismissed ineffectively and by not respecting the deadlines established by law, this causes a double violation of their rights.