derecho laboral

Quijote, S.R.L., (the “Company”) fired the plaintiff while she was pregnant. The labor appeals court found that the firing was illegal because the law protects pregnant women. The Court ordered the company to reinstate the plaintiff to her position and pay her lost wages. The Company challenged the court order in 1993, but the Supreme Court dismissed the challenge as an unconstitutional action in 1995. Consequently, the labor appeals court ruling remained in effect.

In Final Judgment No. 113 (2023), the plaintiff was suddenly and unexpectedly fired from her job at the Paraguayan oil company, Petropar - Petroleos Paraguayos, while pregnant. The plaintiff sued her former employer for lost wages and for her reinstatement to her prior position. The defendant argued that, because the plaintiff was hired for a fixed term, meaning her employment was contractually set to end on a specified date, and had miscarried after being fired, she was not eligible for protections under Paraguayan employment and anti-discrimination laws.

In Agreement and Judgment No. 109 (2017), the plaintiff sued for wrongful termination, claiming that she had been fired from her job as a result of her pregnancy. The plaintiff requested that her termination be revoked and that she be compensated for lost wages, both of which the court granted. The court also ruled that pregnant people cannot be fired from their jobs, even if the employer is not aware of the pregnancy, unless the pregnant person materially violates or fails to fulfill their job obligations.

The Constitution of the Republic of Ecuador establishes the rights that all people, regardless of gender, shall enjoy. For example, Article 11.2 stipulates that no person may be discriminated against on the basis of gender, among other criteria. In accordance with Article 27, education must promote equality among men and women. Article 32 explains that the State guarantees health rights through permanent, timely, and non-exclusionary access to programs and services for integral, sexual, and reproductive healthcare.

The case concerned labor rights and protection of sex workers. The plaintiff, a sex worker, sued her former employer for firing her after she became pregnant. Under articles 236 and 239 of the Colombian Labor Code, a pregnant woman is subject to special labor protection, and therefore cannot be fired without cause and without authorities’ permission. The court consisdered whether pregnant sex workers should have the same labor protection as other professions.

This law modified articles 236, 239, 57, and 58 of the Labor Code, among other provisions to establish special labor protections for pregnant and lactating women. The law prohibits the dismissal of pregnant or lactating women without cause and without prior permission of a labor inspector. It also granted women the right to receive their regular salary during a 14-week maternity leave.

This law serves as Paraguay’s Labor Code, which contains provisions that prohibit any gender-based discrimination in the workplace and guarantee the equal treatment between men and women, such as Articles 47 and 128. In turn, Article 130 prohibits employers from assigning risky work to pregnant women. Articles 133 and 134 provide rights for lactating women, including the right to maternity leave and lactation rooms within the company.

Law No. 5508 (2015) promotion, protection of maternity and support for breastfeeding, promotes, protects, and supports motherhood and breastfeeding for working women for up to 24 months after their child’s birth, to ensure the proper care of the children. The law provides that every pregnant worker shall have the right to access maternity leave for a period of 18 continuous weeks, regardless of the type of contract under which she provides a service. In cases of a baby’s severe disease or premature birth, this leave will extend to 24 weeks.

Law No. 6453 amends and expands the scope of Law No. 5508 on the promotion, protection of maternity and support for breastfeeding. Under this law, employers with more than 10 female employees are required to provide breastfeeding rooms that satisfy the requirements established by the Ministry of Public Health and Wellbeing.

Law No. 6570 modifies Article 9 of Paraguay’s Labor Code and prohibits workplace discrimination on the basis of sex, among other criteria.