CONTRADICCIÓN JURÍDICA, AMBIGÜEDAD Y DISCRIMINACIÓN EN LA LEY ORGÁNICA DE SERVICIO PÚBLICO

Ecuador's legal system is established by a systematic and hierarchical order, the Constitution being the superior standard establishes rights throughout its provisions to ensure good living of citizens. In the standard adjective Ley Orgánica de Servicio Público in Title VI, Chapter I, Article 81 in its fifth paragraph sets; the female servants and male servants of the institutions mentioned in Article 3 of this law, over sixty-five (65) years old, they have reached the ceiling of their career in the public service, regardless of the degree in which they are located, without being able to ascend. Likewise in the seventh paragraph establishes; the female servants and male servants, seventy (70) old, who get the requirements of the laws of social security for retirement, necessarily have to retire from the public service and shall conclude to their hold office. They will receive compensation in accordance with Disposicion General Primera. “Consequently this article contradicts the constitutional provision, this Article 11, paragraph 2. Expresses; all people are equal and enjoy the same rights, duties and opportunities, art. 228 points; admission to public service, advancement and promotion in the civil service should be by merit and opposition, in the manner prescribed by law, with the exception of public servants elected or selected and removed. Failure to fulfil will result in the dismissal of the appointing authority. " 6 Consequently Article 81 of the Ley Orgánica de Servicio Público is unconstitutional, therefore it provides that public servants who get 65 years can not ascend and the ones that 70 years old will have to take away from their duties definitely infringing the right at work, job security, the right to ascend and the other rights preserved in the Constitution that protect the people of advanced years. In light of the above-mentioned, I consider that a reform should be undertaken to Article 81, paragraph five and paragraph seven of the Ley Orgánica de Servicio Público, to avoid the violation of constitutional rights within the group of public servants who are people of advanced years, since, as it manifests in the Article 33 of the charter the state will promote the right to employment and in the Article 228 states that there is no age requirement for public servants who can ascend. therefore I thought it is appropriate, the proposed legal reform to the Ley Orgánica de Servicio Público regarding the career of public service, in order to regulate the situation of public servants is realized so in that way prevent continue violating the constitutional rights of this group of people. For personal satisfaction, this proposed Law Reform arising during the course of my research, especially when I conducting surveys and interviews, had a very positive response, confirming that indeed my appreciation and my goal to avoid infringement of the Constitution rights of these people.

• 第一著者: VERA ULLAGUARI., PATRICIA GABRIELA (author)
• フォーマット: bachelorThesis
• 言語: spa
• 出版事項: 2016
• 主題: DERECHO; CONTRADICCIÓN; AMBIGÜEDAD; DISCRIMINACIÓN
• オンライン･アクセス: http://dspace.unl.edu.ec/jspui/handle/123456789/10425