El despido de trabajadores con enfermedades catastróficas: Una revisión crítica del principio de estabilidad laboral reforzada en Ecuador

Abstract

This research analyzes the tension between the right of workers suffering from catastrophic illnesses to retain their jobs, and the employer’s right to ensure the economic viability of their business. Through the study of Ecuadorian labor legislation, constitutional jurisprudence, and doctrinal and practical analysis, the investigation reveals that reinforced job stability, although intended to protect vulnerable workers, imposes disproportionate burdens on micro and small enterprises, in the absence of clear legal limits. The study highlights the urgent need to legally define the scope of this principle, proposing an interpretation that balances worker protection with business sustainability, especially in times of economic and legal crisis in Ecuador.