Garantías al empleo de la mujer embarazada, en periodo de lactancia, y la no discriminación

The present research paper, entitled "GUARANTEES TO THE EMPLOYMENT OF PREGNANT WOMEN IN BREASTFEEDING PERIOD AND NON-DISCRIMINATION", an important issue, since the international labor system determines non-discrimination on the basis of maternity and protection of the Employment and pay in Ecuador, that a woman worker in the public and private spheres, and social, legal and political positions of working women during the various phases of the world of work, is to highlight the economic inequality of women And labor discrimination during maternity, childbirth and postpartum. That from a gender perspective, the aim is to understand that gender relations are influenced by the power of a social, economic, political and power system that are part of an entire economic structure, and that a woman in state Of pregnancy, childbirth and postpartum, women are discriminated against, and because of their status as working class, and their vulnerability of working women during their biological roles, being marginalized from Their remuneration as well as their work, a problem that generates expectations when substantial discrimination is instituted both for their remuneration and for their job stability, provoking a gender, economic, family and social problem that is evident in women who have left their field Work with incidences of personal stability, as a family that their reparation is indifferent to their status as a woman, violating principles and guarantees to Human Rights, as well as the status of women in our society; And, that there are evidences and shortcomings in the system of guarantees of the measures contained in the international and national instruments in force in Ecuadorian legislation. The International Labor Organization (ILO) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), with their legal and normative tools and mechanisms to support women, and national instruments such as the Constitution Of the Republic of Ecuador, it is necessary and urgent to give effect to the application of the principle of equality and non-discrimination; And it is the Ecuadorian State that has the obligation to accept these provisions in order to guarantee equality before the law and equal opportunities; Thus establishing affirmative action measures for the effectiveness and compliance of legal provisions and enforce respect and guarantees to women; And eliminate all forms of legal, procedural, political, and especially labor, discrimination against women in their pregnancy, childbirth and postpartum. The guarantees to the pregnant woman, the right protects during the period of gestation, the childbirth and postpartum, as provided in article 153 of the Labor Code, which in its pertinent part says: "Art. 153. Protection of pregnant women.- The employment contract can not be terminated because of the pregnancy of the working woman and the employer can not replace it definitively within the period of twelve weeks fixed by the previous article. Therefore, in case of discrimination and violation of the fundamental rights of women, the Employer may not stop covering and pay their remuneration, or dismiss the pregnant woman, the enjoyment of the legal and regulatory rights that are provided for in her Benefit, and violating the norms that tend to the direct social protection of the woman; Rules that by their very nature, are of public order and of obligatory compliance. That public, governmental policies emanating from the State, in both the public and private sectors, be raised by the different state agencies regarding the protection of employment and the remuneration of pregnant women in their reproductive roles; Being essential to strengthen fundamental principles of labor in Ecuador, to enable the proper exercise of women's labor rights, and to protet their employment; For being part of the economic and social development in Ecuador.

• Autor Principal: Garzón Hidalgo, María Isabel (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado: 2017
• Subjects: DERECHO; DISCRIMINACIÓN; LACTANCIA; DERECHO LABORAL
• Acceso en liña: http://dspace.unl.edu.ec/jspui/handle/123456789/18702