Análisis jurídico de los contratos ocasionales del servidor público y la terminación del contrato, cuando su pareja se encuentra en estado de gestación, la falta de renovación vulnera el derecho a una vida digna

The present research work entitled "Legal analysis of occasional contracts of public servants and the termination of the contract, when their partner is in a state of pregnancy, the lack of renewal violates the right to a dignified life", has the purpose of guaranteeing the provisi...

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Autor principal: Naranjo Brito, Israel Dario (author)
Format: bachelorThesis
Idioma:spa
Publicat: 2023
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Accés en línia:https://dspace.unl.edu.ec/jspui/handle/123456789/28312
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Sumari:The present research work entitled "Legal analysis of occasional contracts of public servants and the termination of the contract, when their partner is in a state of pregnancy, the lack of renewal violates the right to a dignified life", has the purpose of guaranteeing the provisions contemplated by our Constitution of the Republic of Ecuador through its current legislation, therefore, a problem in Ecuador related to the partial guarantee of the right to reinforced job stability during the maternity and breastfeeding period is highlighted. This highlights that this protection only applies to mothers if they are employed, which is why the father is excluded. This situation is contrasted with the approach of Comparative Law, where protection also extends to the father or those who have the responsibility of financially supporting the household. The purpose of this study is to highlight the importance of the role of head of household for the public servant father, and has an occasional contract, to have the enjoyment of stability in their job during their partner's pregnancy and breastfeeding period, spouse or cohabitant, protection that has now been recognized by the Constitutional Court of Ecuador for pregnant women; in addition, it is argued that the right to reinforced job stability during the period of maternity and breastfeeding is directly related to the Right of the Child, this protection seeks to ensure the integral development of children, especially at the time of their birth. For the pertinent development of this work, several research parameters have been established, such as legal, conceptual and doctrinal. The type of research carried out was based on obtaining documentary sources, mainly doctrine, internal regulations, comparative law and pronouncements of international bodies, in addition, it was used the necessary methods, such as: inductive, deductive, analytical, exegetical, maieutic, comparative, statistical and also synthetic. And as for the fieldwork, techniques such as surveys and interviews were applied, from which it was possible to obtain the criteria of professionals and specialists in administrative matters, in order to verify the problem raised and suggest the solution to clarify this violation of having a dignified life, equal opportunities and the protection of the best interests of the child.