El despido indirecto frente al despido ineficaz a mujeres embarazadas

Abstract

This article analyzes indirect dismissal versus ineffective dismissal in pregnant women, highlighting the particularities and legal guarantees that protect this vulnerable group in the workplace. Through a normative approach, the differences between both figures are explored: indirect dismissal, as a form of termination of the employment relationship by the employer upon breach of contract, and ineffective dismissal, in the context of pregnant women since it is considered invalid due to the violation of their rights. The article addresses international standards, such as OIT conventions, as well as applicable national legislation, emphasizing the special protection afforded by labor laws to pregnant workers. It analyzes the main challenges that pregnant women face in the workplace, in addition to understanding the causes of ineffective and indirect dismissal in private companies. Finally, the protection rights are highlighted, and strategies are formulated to strengthen the legal framework for greater equity and labor justice.