Article 51 of the Law on Disabilities establishes job stability for people with disabilities. This article states that “people with disabilities, deficiencies or disabling conditions will enjoy special stability at work. In the event of unjustified dismissal of a person with a disability or who is responsible for the maintenance of the person with a disability, they must be compensated with a value equivalent to eighteen (18) months of the best remuneration, in addition to the corresponding legal compensation ”.
With this article Daniela, who is hearing disability, is defending herself in order to recover the job she lost in mid-May at a local factory.
“I understand that we are all wrong, but now they took this to fire eight people, two with disabilities and the other six who had more years of work at the company,” said the 41-year-old woman.
For Gabriel Guevara, a lawyer, employers at both the public and private sector should seek to keep their collaborators from vulnerable groups as far as they can to avoid complications.
He explained the Conadis even ordered that these sectors of the population take advantage of teleworking and remain so until the situation is safer for them.
Guevara assured that if a person with a disability feels affected by a dismissal at this time, they should seek the necessary mechanisms to defend their rights, “because of the pandemic, rights cannot be violated and it will always be better to reach personal agreements that having to use the legal instances. ”
From the Conadis, it was pointed out that no company can compel people with disabilities to take vacations, because if, due to the business nature, they cannot take up teleworking, the suspension of work must be complied with.
In addition, it enabled the email firstname.lastname@example.org and its social networks for contact in all provinces, in order to meet the needs of people with disabilities and ensure continuity of work.
Similarly, on its website www.consejodiscapalaciones.gob.ec it has the option to make a labor complaint online.