Análisis de la estabilidad laboral en el Ecuador del contrato especial emergente en el código de trabajo

Abstract

The right to work has been considered a social right since its inception, regulating the phenomenon of labor and guaranteeing job stability. However, the violation of this right has been a recurring issue due to some institutions' lack of understanding of the relationship between work and stability. In Ecuador, the history of labor law has evolved from the founding of the Republic to the enactment of the 2008 Constitution, which recognizes job stability and other fundamental rights. Nevertheless, the economic crisis and the Covid-19 pandemic have introduced contractual arrangements such as the "emergency contract," which limits traditional labor benefits and generates uncertainty and instability for workers. Although these contracts are useful in exceptional situations, they may undermine labor rights protections and increase instability, raising questions about the effectiveness of labor policies in balancing the needs of workers and employers. The emergency contract, with its temporary nature and specific conditions, has intensified the debate on the effectiveness of job stability within the Ecuadorian context.