La evaluación de los servidores públicos, afecta la estabilidad laboral establecida en la ley orgánica del servicio público

The Constitution of the Republic of Ecuador, in force since 2008, Title IV of the participation and organization of power in the seventh chapter that relates to public administration in the third section of the public servants in their Art. 229 which the rights of public servants are waived. The Art. 234 of the same Code provides that the State shall guarantee formation and continuous training of public servants and servers through schools, colleges, academies and training programs or public sector training and coordination with national institutions and international operating under agreements with State, referring to the Law on public Service in its Art. 23, of the rights of public servants, which provides that rights are inalienable, among them is referred to in its literal a) have stability in his post. q) Receive training and continuing education by the State, for which the institutions will provide the facilities. If, however, the Law on Public Service, published in Official Gazette no. 294 of October 6, 2010, provides DOWN IN ARTICLE 80 paragraph one, the servant or public servant who obtains the qualification insufficient, shall be removed from office ; this rule infringes the right to dignity, the right to equality before the law; and the constitutional principle that the State shall ensure training and continuous training of public servants, just as drastically affected the right to job security and a decent life subtracting the possibility that people can play work and thus lavish their livelihood. This situation causes the existence of a legal rule that infringes the right to job tenure, because this rule provided in the first paragraph of Art. LOSEP 80 of the injured rights of public servants, because the same provides that those who attained the rating insufficient be dismissed from his post, this thoughtful legislation against constitutional provisions the LOSEP its rules, because their rights are indispensable in ensuring the training of public servants to enjoy stability in office, among others. All of the above, can show that there is a legal problem, which lies in the existence of legislation that infringes the right to dignity, the right to formal and material equality before the law; and the constitutional principle that the State will ensure their training to ensure stability in his post. In my research I have shown that the investigated problem deserves a reform that is raised and reads the final and purposeful part of this thesis.

• 1. autor: Guamán Manya, Franklin Geovanny (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2014
• Hasła przedmiotowe: DERECHO
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/16664