El despido ineficaz de las personas vinculadas al principio de inamovilidad en la provincia de El Oro

Abstract

The objective of this article was to discuss the legal implications of the ineffective dismissals of pregnant women and the considerations about their immobility in Ecuador, during the COVID-19 pandemic, in order to analyze the rule of law of female workers. during the declaration of the health emergency. The research was supported by a documentary review and the exegetical and hermeneutic-interpretive methods were used. A review of the topic was carried out and it was contextualized in the duration of the pandemic. The exegetical analysis allowed to analyze and compare the articles of law used in the health emergency, both from the Constitution of the Republic of Ecuador, as well as those derived from laws, organic laws and ministerial agreements. The hermeneutic-interpretative analysis contributed to establishing the parameters for the discussion and understanding the significance of the topic. The conclusions reveal that the decisions made by the executive and legislative branches in the context of the health emergency in Ecuador, due to the pandemic generated by COVID-19, facilitated the possibility of labor and human rights violations being committed. workers linked to the principle of immobility. Latin America continues to be one of the regions with the greatest inequality on the planet, with precarious access to services and equity in justice, which does not allow social gaps to be closed. This also highlights the need to establish fair conditions that balance and encourage development in this bleak scenario. The global crisis generated in all areas by the impact of the pandemic due to COVID-19 during the years 2020-2022 still continues to produce negative results, especially in the socioeconomic aspect of Ecuador. As in other countries, the health emergency intensified the already existing social inequalities, with workers being one of the most affected, including those in vulnerable conditions, such as pregnant women (Velasco et al. 2021), which beyond the constitutional guarantee were fired equally. These citizens may have experienced a series of injustices as a result of wrong interpretations of the law or as a consequence of crises in the companies, which were forced to close due to the same generalized situation. The labor market shows, according to the figures provided by the National Institute of Statistics and Censuses (INEC, 2022), that unemployment currently stands at 3.7% (May-2022), referring to the country's working population. However, this figure reached 13.3% by the end of June 2020. Esteves (2020) points out in this regard that, at least in the first months of the pandemic, there was a significant rise in unemployment, an approximate of “801,140 additional people became inactive” (p. 35), initially due to the high level of confinement to which citizens were subjected, with those over 55 years of age being the most affected, and especially in the group of women . In Ecuador, pregnant women are protected in art. 43 of the Constitution of Ecuador [CRE] (CRE, 2008). Also, article 195.1 of the Organic Law for Labor Justice and Recognition of Work in the Home (LOJLRTH) (National Assembly Republic of Ecuador [ANRE], 2015) establishes the "prohibition of dismissal and declaration of ineffectiveness" of those workers in condition of pregnancy or maternity, protecting them based on the principle of irremovability that protects them. On the factual level, women in such conditions saw their employment relationship interrupted. In this sense, the objective of this article was to discuss the legal implications of the ineffective dismissals of pregnant women and the considerations about their immobility in Ecuador, during the COVID-19 pandemic, in order to analyze the state of right of workers during the declaration of the health emergency