El incumplimiento de los derechos laborales en la mujer embarazada, en el periodo de lactancia en las empresas privadas, en el cantón Guaranda año 2021.

In the elaboration of this draft, the legal analysis of the labor exploitation of pregnant workers and the application of labor laws is justified, on which a doctrinal bibliographic study and legal document were carried out. Despite a legal system that protects pregnant workers, greater law enforcem...

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Hlavní autor: Guashpa Chariguaman, Washington Adrián (author)
Médium: bachelorThesis
Jazyk:spa
Vydáno: 2023
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On-line přístup:https://dspace.ueb.edu.ec/handle/123456789/5768
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Shrnutí:In the elaboration of this draft, the legal analysis of the labor exploitation of pregnant workers and the application of labor laws is justified, on which a doctrinal bibliographic study and legal document were carried out. Despite a legal system that protects pregnant workers, greater law enforcement mechanisms are needed, equivalent to the status granted by the State under constitutional guarantees. This investigation contains chapters that refer to the general context of labor legislation, guarantees granted by the state to pregnant women and what is in our labor legislation, the interests of pregnant women, violated rights, work. Exploitation, analyzed from various contexts. The Constitution of the Republic of Ecuador is a constitutional state of rights and Justice. Because one of the fundamental rights of women is access to work and non- discrimination due to maternity status, women are pregnant women. Discrimination against pregnant women in employment is a social and legal problem. It exists not only in Ecuador, but throughout the world; this is due to underestimation. Development of pregnant women in work activities; is guaranteed by the Constitution of the Republic of Ecuador of 2008, the Labor Code, organic law for the prevention and abolition of violence against women and Provisions on the collective agreement on the prevention of discrimination in the workplace No. MDT-2017-0082, published in Bulletin No. on June 16, 2017, women have traditionally fought for the recognition of their rights and to eliminate discrimination. A legal issue of deep social resonance, which is the lack of restricted power of labor law to guarantee the rights of working women during pregnancy, during or after childbirth, and during lactation, which would violate in the field of private companies the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the special agreements issued by the International Labor Organization; and with the special provisions provided for in the article of the Constitution of the Republic of Ecuador. In the art. 331 and 332. And because it is clear that article 156 of the Labor Code provides very beneficial sanctions for employers who ignore the rights of pregnant or lactating women, they are related to the very serious damage that labor abuses can cause to pregnant women, which as we know is a priority according to the constitutional order and therefore deserve the main attention of the state, society and the family. The present investigation seeks to provide a solution to the problem found, so that pregnant or lactating women who cannot access the benefits stipulated in current labor legislation.