Análisis jurídico sobre la legalidad y legitimidad de la declaratoria de impedimento legal para ejercer cargo público por jubilación

In our country the retirees being a senior age, they are considered as a group historically discriminated against, to which they are excluded from having equal opportunities in the worst workplace even their reintegration to the public service, as their access is limited by the Labor Ministry, to record them in their databases with "Legal Impediment to exercise public office" without performing a preliminary analysis with "bad records reported" without sufficient evidence or legal analysis prior to the thereof; which has caused senior who aspire to decent work and feel useful to society, are affected by being stigmatized as "old" by not allowing access to work mostly adulthood. Thus retirees who want to work in the public sector must demonstrate that they have no legal impediment, asking the Ministry of Labour Relations (MRL) certificate that guarantees him as a suitable person to be a public servant, but a surprise encounter that maintain legal impediment to re-enter the public service and that is where the torture and torment began to rehabilitate his certificate, not knowing where to turn to rehabilitate. This is the problem that are currently experiencing some servers who recorded when legal impediment to exercise public office by virtue of being retired, they returned to re-enter the public service, which prevents them labor with confidence, as they are performing the relevant procedures and consultations in order to exclude them from the databases of the Ministry of Labour Relations and to rehabilitate its certified free impediment to exercise public office, as if they are asked to justify their return to the public sector was legal, and as to establish whether the laws at the time the would otherwise removed from office under the provisions of art. 11 of the Organic Law of the Public Service. This situation is contrasted between the provisions of the Constitution of the Republic of Ecuador which guarantees the right to work and a decent life, established in the art. 325 of the Constitution of the Republic of Ecuador and the provisions of the arts.11, 14 and 129 of the Organic Law of the Public Service General LOSEP and its Implementing Regulation in the art. 8 which requests the removal of impediments server, which violates the right to work and make a disproportionate discrimination against older people, whose desire is to feel useful to society and also enhance your retirement pension dignity current does not exceed five hundred dollars per month established by law.

• Autor principal: Morejon, Laura Isabel (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2016
• Materias: DERECHO; ANÁLISIS JURÍDICO; EJERCER CARGO PUBLICO POR JUBILACION
• Acceso en línea: http://dspace.unl.edu.ec/jspui/handle/123456789/13140