La inconstitucionalidad del decreto ejecutivo 813 aplicado a los servidores públicos ha violentado los preceptos establecidos en la Constitución de la República del Ecuador

Executive Decree 813 which regulates the cessation of functions by binding waiver compensation is unconstitutional and illegal, because violent norms of the Constitution of the Republic of Ecuador, which is not, because it requires the cessation of functions with the resignation mandatory distant that referred to in the law is a waiver compensation, this goes against the constitutional awareness in favor of fundamental and where the same rise as the core of the legal system rights and livelihoods of irremediable as universal legitimacy thanks to the limited role of legal doctrine that explains the rationale for the law; as a constitutional process system or legal life, limits the exercise of public power by protecting the rights of individuals, which gives the establishment a new order of values. The obligation on the purchase of resignation, as a form of cessation of functions in the public service, is determined in the regulation and not in the law, why book cessation of functions is of a regulatory nature, and not through a law as determined by the constitutional provision in the law buying waiver compensation, which in no way can the state and its officials to resign on behalf of public servants is determined, which is being imposed with compulsory resignation will to force yourself to waive rights as to work and job stability, which inalienable principles. The Constitution recognizes employment stability, but buying mandatory disclaimers, does not determine the will of the public servant, enjoying rights outlined in the Constitution and the law, which tends to deprotection of the protection of human labor made in free form, in which the argument of termination of service responsa to the ineffectiveness of public servants, no legal basis and also disregards the requirement of the Constitution and the law requires the State to educate and train to meet obligation to provide quality services. Buying resignation unilaterally, results in disrespect for the constitutional and statutory rule by violating the legal protection of constitutional supremacy. As the Constitution allows the law is in charge of the cessation of functions, the law allows the cessation of functions through the waiver compensation, but the regulation functions that do not concern and goes beyond abrogates allows waiver unilaterally, when he says that should be mandatory, and that the State authorities under restructuring, optimization and rationalization of them, proceed to terminate the service relationship with the public server, which represents disrespect legal certainty in respect to the constitution, and disrespect for the law when it is empowered to conduct the cessation of functions which in no way speaks of compulsory resignation, but indemnity waiv

• Հիմնական հեղինակ: Tandazo Lapo, Juan Alberto (author)
• Ձևաչափ: bachelorThesis
• Լեզու: spa
• Հրապարակվել է: 2015
• Խորագրեր: DERECHO AL TRABAJO; PERJUICIO LABORAL; LA CESACIÓN DE FUNCIONES; DERECHOS CONSTITUCIONALES
• Առցանց հասանելիություն: http://dspace.unl.edu.ec/jspui/handle/123456789/8856