El derecho constitucional al trabajo frente a la figura jurídica de compra de renuncia obligatoria con indemnización en el sector público.

This investigation job is oriented to carry out an analysis of the legal figure: purchase of compulsory resignation with compensation, which operates in Ecuador since the Government of Rafael Correa Delgado; the violations of the rights of public servants, the consequences of those decisions and the wave of dismissals that have occurred, violating the right to job stability. On July 12, 2011, an Executive Decree with number 813 was promulgated, in which reforms are given to the General Regulations of the Organic Law of Public Service and in its article 8, it declared the obligatory nature of the purchase of resignations with compensation in the public sector; immediately, when it came into force, dozens of purchases of mandatory resignations were produced, even with the total ignorance of the servers, who in many cases were surprised in their workplace without even allowing them to enter, without giving them the opportunity to make a formal delivery of their documents, information and assets that they were in charge of, and of course, violating their constitutional rights. After a long journey, in 2020, the Constitutional Court, through Judgment 26-18-IN/20, decided to remove the word "mandatory" from the regulation; but despite this, instability continues to persist in the public sector. This legal figure became the persecutory ghost of all public servants, creating an environment of anxiety, restlessness and even persecution, to the point of cornering public servants into making the decision to "voluntarily" request their cessation of duties with compensation. Through this investigative work I will carry out a documentary, legal and bibliographical analysis of the legal figure of "voluntary cessation of functions with compensation for public sector servers"; seeking to determine if its applicability violates worker rights such as the 12 right to a decent job, the right to job stability and of course if principles such as the progressivity of rights, among others, are disrespected. For this, I will use the qualitative and quantitative methodology, by virtue of the fact that the facts and social phenomena that I will study in this work are measurable and quantifiable; so I will also measure and establish causal relationships between the variables, to explain the study problem and the current social reality. I will apply the dogmatic and interpretative method, because through these methods an answer to the problem treated is offered from what produces the best possible reconstruction allowed by the legal material that is available. Keywords: Compensation, Executive Decree, Labor instability, Legal Security, Progressivity, Resignation Purchase

• Autor principal: Yépez Ulloa, Jefferson Gabriel (author)
• Formato: bachelorThesis
• Idioma: spa
• Publicado em: 2023
• Assuntos: DERECHO CONSTITUCIONAL; COMPRA DE RENUNCIA OBLIGATORIA; INDEMNIZACIÓN; SECTOR PÚBLICO; DECRETO EJECUTIVO; INESTABILIDAD LABORAL; PROGRESIVIDAD
• Acesso em linha: https://dspace.ueb.edu.ec/handle/123456789/5301