Evidentiary investment in labor processes for stability of people with disabilities in Ecuador

Abstract

This article analyzes the lack of explicit regulation in Ecuadorian law that incorporates the reversal of the burden of proof in labor proceedings related to the enhanced stability of people with disabilities, which generates legal uncertainty and unequal judicial decisions. Using a qualitative and legal-documentary approach, it reviews national regulations, relevant jurisprudence such as Resolution 01-2025 of the National Court of Justice, specialized doctrine, and comparative experiences from countries such as Peru, Mexico, and Venezuela. The results show that, although the Constitution and the General Organic Code of Procedure allow for flexible evidentiary procedures, and the aforementioned resolution constitutes progress by relieving workers of formal evidentiary requirements, its application depends on judicial criteria rather than a binding general rule. This leads to procedural inequalities and limits judicial protection for workers in vulnerable situations. The discussion argues that, without clear regulation, judicial discretion prevails, and principles such as substantive equality and the effective protection of rights are weakened. The study concludes that legislative reform is necessary to expressly establish a reversal of the burden of proof to ensure regulatory coherence, legal certainty, and real protection.