Necesidad de incorporar en el art 17 de la LOSEP, los nombramientos provisionales para garantizar la estabilidad laboral de los servidores

Public servants in administration with short-term appointment do not enjoy job security in Ecuador. Yet the Constitution of the Republic establishes that public servants shall be all persons who in any way or to any degree work, provide services or exercise a position, function, or office within the public sector. The rights of public servants are inalienable. The law defines the governing body in the field of human resources and remuneration for the entire public sector and regulates hiring, promotion, incentives, disciplinary actions, stability, remuneration and termination of public servants. Remuneration of public servants will be fair and equitable, in relation to their functions, and will value professionalism, training, responsibility and experience. This legal principle is not being applied in the public sector. Public administration should be recognized as a career with full work protections. The system should be based on capable administration of public service employees, through the promotion of the principles of merit, fairness, and equality, and demanding compliance with certain requirements and qualities for the performance of their duties, setting forth the general rule of Public Administration as a career. Public positions, inasmuch as possible, should be filled from within. In addition, the system should prohibit all forms of evaluation that violate its own essence. The same Constitution instituted to Ecuador as a democratic state, in which the concept of democracy should focus on the interpretation of the exercise of public authority, consistent with the determination and analysis of those who developed and its legal basis must be consistent with development principle of equality, that is why the regime of race as a general rule must be lifted under the foundations of merit and equal opportunities for admission, however, the legislative development of the constitutional rules, the system of career Administrative through the Organic Law on Public Service LOSEP, has been doomed to see regulations that allow public jobs are held by civil servants appointed provisional, without specifying the time to grant such appointments blurring thus the constitutional principle the right to job security. It is important to analyze the true job security of civil servants and administrative career on untying of interim employees, approaching the subject from the motivation or the administrative act of withdrawal; and to find a legal response to the situation of stability of employees temporarily linked to administrative career posts, regarding the form of separation, taking into account the rights enshrined in the Constitution such as; the work regardless of their mode deserves special protection by the state, due process and the defense of public administration. Cobra importance the issue of interim appointments to positions of administrative career, it is important the situation of such employees in the light of the Constitution understood it from the defense of job security for workers as a fundamental principle and the case is important consider the jurisprudential concepts on the stability of these employees in the eyes of the Constitutional Court, it is not possible to untie a temporary employee, without at least express the reasonable and specific reasons that led to its withdrawal. With regard to legislation, officials public sector, contracted with the figure of temporary contracts, they cannot work more than two years at the same institution, many of these officials are trained, plus the knowledge that the official acquired during those years unfortunately once met 24 months, officials do not submit to competitions for temporary appointments simply are notified and thus the employment relationship

• 第一著者: Cortez Aucay, Vanesa Estefanía (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2015
• 主題: ESTABILIDAD LABORAL; LA CARRERA ADMINISTRATIVA; EL ESTADO DE DERECHO; LA ADMINISTRACIÓN PÚBLICA
• オンライン･アクセス: http://dspace.unl.edu.ec/jspui/handle/123456789/8921