El principio de no regresividad y el decreto ejecutivo 813 que reforma el reglamento de la ley orgánica de servicio público

In our country, the July 7, 2011 in Ecuador, the working class and labor law suffered a detriment to the rights and principles, on the same date the president of our country by Executive Order 813 amended the Regulations of the Organic Law. Public Service, specifically Article 8 which reads as follows: "Article 8 After Article 108, insert the following numbered article:" Article ...- cessation of functions by purchasing waivers with indemnización.- State institutions may establish procurement plans mandatory waivers with compensation as determined in point k) of Article 47 of the LOSEP duly budgeted under restructuring processes, optimization or rationalization of the same. The amount of compensation on this account will be entitled to receive or servers, unified five basic wages of private worker for each year of service up to a maximum of hundred unified basic wage of private workers in total, which will be paid in cash. The public servants should be required to fulfill these processes applied by management. In the case of the Galapagos Province, the amount of compensation shall be calculated as provided in paragraphs 1 and 2 of the General Provision One of LOSEP. It will be considered for the calculation of the compensation and its payment laborados years in the public sector, as well as the proportional part that might arise. Buying waivers with compensation is not applicable for servers and appointment and removal; with interim appointments, fixed-term contracts, occasional services or for positions comprised within the range of the highest hierarchical level. In this article, the executive order in question, consisting of "compulsory purchase of resignation", these outrages by the chaired by President of the Republic government violates workers' rights, labor law principles such as stability, the sentences . right to a due process violation of decent work, which is blatantly the principle of non-regression referred to in paragraph 8 of Article 11 violates the Constitution of the Republic of Ecuador, which reads: the content of rights will be developed gradually through the rules, jurisprudence and public policy. The State will create and ensure the conditions for full recognition and exercise. Be unconstitutional any act or omission of regressive decrease, unreasonably impair or defeat the exercise of rights. The output of the public sector servers forcefully projected in the country a de facto government, missing rights and social guarantees, reducing own segments of a country where the Constitutional State of Rights and Social Justice advocates coexistence revolving around human dignity and promoting the good life or sumak kawsay, forgetting that the stable work meets the guiding purpose of the Ecuadorian economy. For the mass dismissal of public servants their jobs, various social organizations have demanded the controversial article unconstitutional Executive Decree No. 813, which is currently pending in the Constitutional Court and that the content of this controversial article watchful against all principles and rights protected by our Constitution of the Republic, the same as is guarantor advocated the principle pro homine. To tell managers then Popular Democratic Movement, thus surprising the Ecuadorian public sector workers their jobs, is a form of camouflage unfair dismissal, claims that to this date has not been resolved by the highest organ of constitutional justice. These social reactions, in my opinion, are founded as the regulatory provision conflicts with the hierarchy laid down in Art. 425 of the Constitution of the Republic of Ecuador. In the province of Santo Domingo de los Tsáchilas 15% of judicial officials were estranged from their jobs by the "Buy your Compulsory Resignation" in the sector such as health, Social Rehabilitation Center and Central Bank of Ecuador, occurred the separation several officials; of this forced departure of public servants, it brought consequences such as rising unemployment Ecuadorians.

• Hovedforfatter: Bustos Echeverría, Filadelfia Elizabeth (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2017
• Fag: DERECHO; PRINCIPIO DE NO REGRESIVIDAD; DECRETO EJECUTIVO
• Online adgang: http://dspace.unl.edu.ec/jspui/handle/123456789/18803