Propuesta para derogar el artículo 8 del decreto ejecutivo no. 813, del 7 de julio de 2011, publicado en el registro oficial no. 489, del 12 de julio de 2011, a fin de garantizar la estabilidad laboral de los servidores públicos de acuerdo a la LOSEP

The following legal investigation provides a proposal to repeal section 8 of Executive Order No. 813 published in the Ecuadorian government’s Official Gazette Supplement No. 489, dated 12 July 2011. This decree was issued in order to propose a reform the Regulation of the Organic Law of Public Services (LOSEP), when an unnumbered Article was introduced establishing a “compulsory purchase waiver with compensation.” This unnumbered Article was added after Article 108 of the LOSEP, basing its fundaments in literal k of Article 47 of the same law, which establishes that the cessation of functions of a worker compensation waivers with purchase, making this process compulsory. Ever since its publication, this mechanism has unchained a series of conflicts and lawsuits, that seek that the Constitutional Court declares as unconstitutional that legal figure, given the fact that many public servants see that the protection the Constitution has given them has been transgressed. This situation has created several problems between public officials such as: job security uncertainty, excessive stress in the workplace, increased conflicts among the staff working in public institutions, deterioration in the services provided by the institutions, job separation of the different public institution workers nationwide, among others. Likewise, the hierarchy of law application has not been respected, the right to work, the right of public servants have been violated, all of the recognized in the Constitution. Also there has been a breach of international instruments on work signed by Ecuador, disregard of fundamental working principles recognized worldwide, among other issues that prove that respect for wellbeing and dignity of officials. It is for the reasons presented throughout the paragraphs before, this investigation deals with studies of Law, Administrative Law, Public Right, the Constitution, LOSEP, Public Servants, and has the objective of serving as a juridical support due to the responses issued for this problematic.

• Egile nagusia: Cartuche Encalada, Lady Donatela (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2014
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/14888