During its ordinary jurisdictional session held on May 14, 2026, the Plenary of the Constitutional Court approved Judgment No. 36-22-CN/26, through which it resolved the constitutional consultation regarding Article 19 of the Organic Law of Humanitarian Support (LOAH), which regulates the special emergency employment contract, establishing the following criteria:

The Court determined that the termination of the special emergency contract due to completion of the one (1) year contractual term, as provided under Article 19 of the LOAH, requires interpretation in accordance with enhanced labor protection for pregnant and breastfeeding women, as follows:

• Extension of the employment contract until the end of the breastfeeding period, without implying indefinite employment stability for the special emergency contract; or,
• Resorting to other forms of employment arrangements that guarantee continuity and the same or better employment conditions, position, or remuneration until the conclusion of the breastfeeding period.

Note: This criterion applies in cases where termination occurs due to expiration of the contractual term while the employee is pregnant or in the breastfeeding period, and it has effects for the specific case and analogous cases.

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