Impacto del despido intempestivo vinculado al contrato laboral emergente por la pandemia de COVID-19

Abstract

This research project analyzes articles 19 and 20 of the Organic Law of Humanitarian Support to Combat the Health Crisis Derived from COVID-19, enacted in Ecuador in 2020, from a socio-legal perspective. The law was a response to the socioeconomic impacts of the pandemic, introducing emerging labor modalities such as special contracts and reduction of working hours to maintain jobs and guarantee business sustainability. However, its implementation generated tensions with the constitutional right to work, enshrined in the 2008 Constitution. The provisions, although justified by "force majeure" or "fortuitous event", were used to make working conditions precarious, reduce salaries and facilitate dismissals. . without adequate guarantees. This study examines how the law contravenes constitutional principles such as the guarantee of the right to work, the prohibition of retrogression in acquired rights and the principle of legal certainty. It is concluded that the Humanitarian Law, instead of protecting workers, favored business practices that prioritized the reduction of labor costs, which increased the vulnerability of workers during the pandemic. Based on these findings, it is recommended to reform articles 19 and 20 to ensure that they are not used as an excuse to weaken job stability and propose establishing stricter regulations on temporary contracts and adjustments to working hours.