Necesidad de reformar al art. 81 de la Ley Orgánica de servicio público, en cuanto a la obligatoriedad de los adultos mayores de 70 años de retirarse del servicio público y cesar en su puesto de trabajo

The Constitution of the Republic of the Ecuador enacted in 2008 establishes and protects the rights of human beings, natural and acquired as the universe has evolved and as international instruments guaranteeing the universal rights of the human being; It is thus that in the Ecuador the rights of Ecuadorians are typified in its constitutional provisions, laws, rules and regulations. Thus in its article 11 typifies that: "all persons are equal and enjoy the same rights, duties and opportunities. No one may be discriminated against on grounds of ethnic group, place of birth, age, sex, identity of gender, cultural identity, marital status, language, religion, ideology, political affiliation, judicial history, socio-economic status, immigration status, sexual orientation, State of health, carry HIV, disability, physical differences; or by any other distinction, personal or collective, temporary or permanent, which has the object or result impairing or nullifying the recognition, enjoyment or exercise of the rights. The law shall punish all forms of discrimination. The State shall take affirmative action measures that promote real equality in favour of holders of rights who are in a situation of inequality." This constitutional precept takes as a basis for the exercise of the rights the principle of equality, for the exercise of rights and obligations as citizens we have it we will be considered without discrimination, since we are all equal before the law. One of the fundamental rights of the human being is the right to work, article 33 of the Constitution; "The work is a right and a social duty, and an economic right, source of personal realization and base of the economy." The State shall guarantee workers full respect to their dignity, a decent life, pay and fair remuneration and the performance of healthy and freely chosen or accepted work" The Ecuadorian State guarantees the right to work, protects this legal institution, at all times, allowing access to any person to a decent, gainful work, at any time of his life, based on the principle of equality Older adults, girls, children and adolescents, pregnant women, persons with disabilities, persons deprived of libertas and those who suffer catastrophic diseases or high complexity, will receive priority and specialized in the fields of public and private care. The same priority will receive persons in situation of risk, victims of domestic and sexual violence, child abuse, natural disasters or anthropogenic. The State will provide special protection to persons in double vulnerability" Provisions of the Constitution is very clear, in terms of rights of older adults, where are stable they shall enjoy the same rights and even some special. In addition, it establishes the existence of a special protection against labour exploitation these people and determines as State policy, encourage participation and the work of this group, respecting its condition of human beings and subjects of rights and obligations always based on the principle of equality and non-discrimination. The Art.81 of the organic law of public service which determines are in disagreement to these constitutional precepts that: "Server ̈Las and officials from institutions mentioned in article 3 of this law, completed the sixty-five (65) years of age, will come the bumper most of his career in the public service, regardless of the degree in which they are located, without that can ascend. To the servants and servers that, from that age, comply with the requirements laid down in the laws of social security for the retirement and require you to withdraw voluntarily from the public service, your request may accept them and recognize them a stimulus and financial compensation, in accordance with determined in the first General provision. The servants and servers, to the seventy (70) years of age, who meet the requirements established in the laws of social security for retirement, compulsorily have to retire from the public service and will stop in his post. They shall receive compensation in accordance with the first General provision." As you may notice are being subjects of violations of the right to work to all servers and servers that work in all the institutions and bodies of the State, since if now they are older adults tomorrow going to be, this being an attack on the principles of the public service and more even disrespect the rights that this same law establishes them in its article 23 rights of public servants, specifically in the literal. That is why it is necessary to reform the art.81 of the organic law on public service, in terms of the obligation of adults over 70 years of retiring from the public service and cesar at your workplace, because they violate constitutional principles as the labour stability

• Glavni autor: Quiñonez Chamba, José Luis (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2015
• Teme: LEY ORGÁNICA DEL SERVIDOR PÚBLICO; ADMINISTRACIÓN PÚBLICA; DERECHO AL TRABAJO; EL ADULTO MAYOR
• Online pristup: http://dspace.unl.edu.ec/jspui/handle/123456789/8436