La estabilidad laboral de la mujer embarazada en el sector público y el contrato ocasional de prestación de servicios

Abstract

Graduation work under the modality of Research Project entitled "THE LABOR STABILITY OF PREGNANT WOMEN IN THE PUBLIC SECTOR AND THE OCCASIONAL CONTRACT OF SERVICE PROVISION". Its purpose is to ensure the employment stability of pregnant women in the public sector and that their right is not violated by the application of contracts for the provision of occasional services. Labor stability in Ecuador has been a subject much criticized since many years ago, and for this reason the labor legislation has been modified in several ways in order to give greater emphasis to this sentence of labor stability that was treated as a dead word in the Law, since it did not apply its true legal context, and more so when it comes to contracts for the provision of occasional services conditioned to a period of no more than two years and that without many of the times the state of gestation of the public servant In the same way, they are terminated, thus affecting not only labor stability but also against the human reproduction rights of working women provided for in the Constitution of the Republic of Ecuador. investigation. The reforms implemented through the implementation of the labor justice law helped to eliminate several forms of employment established in the Labor Code, including fixed-term contracts, which seeks to promote labor stability through law, But in the Organic Law of the Public Sector no legal reform has been given that allows the right to work stability, thus violating the rights of public servants, and in application of what is determined by Art 146 of the General Regulation to LOSEP Such contracts for the provision of occasional services may be terminated before the date for which the contract was made. For this reason it is sought to study this social legal problem, which involves several public servants and especially public servants in a state of gestation, remembering that the law is the one that prohibits and allows, and that protected under this legal precept Violate constitutional and human rights on the labor stability of public servants, since the LOSEP is not a legal norm guarantor of constitutional rights and because of this, reform is needed to conform to the social reality of the country.