Inclusión laboral obligatoria de personas con discapacidad y la libertad de contratación en las MIPYMES ecuatorianas

Abstract

This article reviews the legal impact on Ecuadorian micro, small, and medium-sized enterprises (MIPYMES) of the application of Article 47 of the Organic Law on Disabilities, which imposes a mandatory quota for the labor inclusion of persons with disabilities. It examines the contractual framework for persons with disabilities, the structural inequalities in access to employment, the risk of violating freedom of contract, and the operational differences between MIPYMES and large companies. This article was developed from a rationalist approach, primarily utilizing the inductive method and employing qualitative documentary analysis techniques, specifically on the Organic Law on Disabilities and the Constitution of the Republic of Ecuador. It concludes that, although the law pursues legitimate goals of social justice and material equality for workers, its uniform application without distinction between the type of company generates legal tensions, especially in business sectors with less economic and technical capacity. As a result, it is proposed to consider differentiated regulations that guarantee inclusion without affecting fundamental principles such as freedom of contract.