Legal effects of the termination of the pregnant woman's trial contract (Original).

Abstract

This study develops one of the most common problems in the private and public labor sectors in Ecuador, related to the issue of pregnancy of women who have a labor relationship and the need for care that arises during this period. It also analyzes the situation that may arise from the so-called trial or probationary contracts in labor hiring, especially when the woman, being under this type of contract, becomes pregnant and her employment situation is harmed. Many rights of pregnant and breastfeeding women are harmed as a consequence of the termination of their employment relationship, in the family and professional development, just because they have to assume responsibility for their own health and that of their minor child. In this regard, the Constitutional Court of Ecuador has pronounced in different sentences, among which one is chosen and analyzed, which has marked a before and after since its issuance. The human and constitutional rights of women, pregnant women, breastfeeding mothers and even parents who have the right to care for their children are unbreakable rights in the Ecuadorian State, however, many institutions and employers continue to ignore or intentionally disregard them. Regardless of the existence of such legal norms, it is essential the dissemination of these precepts and the strengthening of sanctions to correct the behavior as an almost unpunished practice.