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On May 14, 2026, the Plenary Session of the Constitutional Court of Ecuador issued Ruling No. 36-22-CN/26, establishing a binding constitutional interpretation regarding the termination of a special temporary contract when the employee is pregnant or breastfeeding.
The Court ruled that automatically terminating a special temporary contract upon the expiration of its term, without considering the employee’s pregnancy or breastfeeding status, violates Articles 43, 331, and 332 of the Constitution concerning job security.
Consequently, the Court established that the employer must choose one of the following alternatives:
- Extension of the contract term: Extend the special temporary contract until the end of the breastfeeding period, without this implying that the contract becomes permanent.
- Change in contract type: Enter into another type of contract that ensures continuity and equal or better employment conditions (position and compensation) until the end of the breastfeeding period.
If the employer terminates the contract at the end of its term without adopting either of these alternatives, the employee may file a claim for unlawful termination, allowing her to choose between reinstatement or severance compensation equivalent to one year’s salary.
This ruling applies to this specific case and similar cases.
For further information or labor law advice regarding the application of this ruling, please contact Tobar ZVS at laboral @ tzvs.ec.
© TobarZVS
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.