The concept of unfair dismissal within the framework of special protection for workers with job security protection in Ecuador

Abstract

The study focused on the ineffectiveness of dismissal in Ecuador, emphasizing the situation affecting those with stability protection, particularly in cases of maternity, paternity, and union membership. Although the legal system has enshrined explicit guarantees, implementation has been deficient, leading to 20% of dismissal decisions being deemed ineffective, a figure that calls for swift legislative correction. Given this situation, the research sought to determine the impact of these ineffective dismissals on the protection of labor rights, measure the adequacy of the current regulatory framework, uncover regulatory gaps, and formulate reform proposals. To this end, a mixed, exploratory approach was adopted, integrating document review, semi-structured interviews, and case studies. The findings corroborate that, despite the explicit nature of legal protection, employers often circumvent the provision by taking advantage of interpretative loopholes. Based on the conditions analyzed, the implementation of the following corrective and preventive measures was proposed: developing training programs for employers focused on the correct application of labor regulations, strengthening the work of state supervisory bodies, promoting extrajudicial mediation in pre-litigation proceedings, adopting the relevant reforms to the Labor Code, and establishing comprehensive assistance, the duration and scope of which are defined based on the period of inactivity, for individuals whose contracts are terminated without just cause.