El despido ineficaz y el reintegro a su lugar de trabajo

Abstract

The analysis of ineffective dismissal and reinstatement to their workplace arises because over the years, the working life of women has suffered great difficulties in finding decent work, since there is still a gap between women and men in terms of opportunities, remuneration, treatment and results in their work. In this virtue, the objective focuses on analyzing whether the figure of the Ineffective dismissal complies with the return to the workplace, guaranteeing the labor stability of women. Thus, the review of theoretical, legal and doctrinal background determines that this principle has evolved to protect the right to work of pregnant women and their permanence in it, which is enshrined in Ecuadorian law. The methodology followed a process with a quantitative and qualitative approach, with the application of surveys to 100 working women whose dependency relationship determined all the questions to 51 women, in addition to applying an interview script to two lawyers. The results revealed that women consider that few receive protection or coverage by the Ecuadorian legal system in the performance of their jobs in order to guarantee their rights and prefer compensation to the option of returning to their jobs through legal means if They are fired without just cause. Thus, it is concluded that women avoid returning to their jobs when there is the possibility of retaliation by the employer or a conflictive climate, despite having legal coverage that supports their return to their job.