Unfair dismissal of workers with disabilities: challenges and legal loopholes in Ecuador

Abstract

This article presents a legal analysis of the employment situation of people with disabilities in Ecuador. To this end, the objective was to examine the structural barriers that limit their effective inclusion, despite the existence of a regulatory framework that recognizes enhanced stability and sanctions unjustified dismissal. The research aimed to identify legal loopholes and challenges in the protection of rights against unfair dismissal, proposing possible reforms to guarantee inclusive justice. The methodology employed was qualitative, based on a documentary review of the Constitution, the Organic Law on Disabilities, the Labor Code, and related regulations, as well as semi-structured interviews with judges and human rights defenders. This combination made it possible to compare the normative content with practical implementation experiences. The results revealed legal contradictions, a lack of clear protocols, weak oversight mechanisms, and limited remedial measures. It was also found that factors such as fear of workplace retaliation and distrust of institutions led many workers to fail to register their disability status or exercise their rights in the event of dismissal. In conclusion, the research highlights the urgent need to strengthen institutional coordination, prioritize reinstatement as an effective remedy, and strengthen the training of legal practitioners in human rights matters. Only through these actions has it been possible to advance toward effective compliance with regulations and combat structural discrimination in the workplace.