La inconstitucionalidad en la incorporación de la figura del despido ineficaz.

Abstract

On Monday, April 25th of 2015, the brand-new Organic Law for Labor Justice and Recognition of Housework was published in the Ecuadorian OfficialRecord. With its expedition, the Ecuadorian Labor Code welcomed a new legalfigure called “Unlawful dismissal”; legal step that pregnancy-related condition – and/or union representative- employees, that had suffered a dismissal basedon the referred condition by itself, could take. This innovative legal concept eclipsed all other changes that were applied within the referred law, since littleis spoken from the fact that it also unified the action that workers could raise ifthey suffered a dismissal due to discrimination – before this, they weredisperse all over the Labor Code- and granted a common benefit to all of them,that consisted of a special reparation of an additional full year of salary. However, there’s an unconstitutionality hidden around the modification that legislative branch did, and it is that without warning, the statutory deadline to raise this action is now restricted only for two specific groups of people: the union representatives and pregnancy-related employees.