Análisis crítico de las incongruencias jurídicas de la ley orgánica de empresas públicas y las leyes que regulan la administración publica

The Article 229 of the Constitution of the Republic states that Public servants shall all persons in any form or any title work, providing investment services or an office, function or dignity in the public sector. The rights of public servants are waived. The law shall define the governing bodies responsible for human resources and remuneration for all public sector and regulate the entry, promotion, promotion, incentives, disciplinary system, stability, system of remuneration and cessation of functions of their servers. The workers and public sector workers will be subject to the Labour Code. The remuneration of public servants will be fair and equitable, with respect to their duties, and to value the professionalism, training, responsibility and experience. The Article 315 of the Constitution of the Republic states that constitute the state-owned enterprises to manage strategic sectors, the provision of public services, the sustainable use of natural resources or public goods and the development of other economic activities It is this situation that has created the Law on Public Enterprises, law regulating the establishment, organization, operation, merger and liquidation of public companies outside the financial sector and to act in the international, national, regional, provincial or local; and establish economic control mechanisms, administrative, financial and management is exercised over them, according to the provisions of the Constitution of the Republic. The Article 32 of the Organic Law on Public Enterprises states that disputes arising from the employment relationship between public companies and their servants or laborers career, will be resolved by the labor authority or judges working. There is a legal contradiction to the application in the resolution of disputes arising with staff working and serving in public companies, in the case of servers disputes shall be settled by the rules set forth in the Organic Law of Service groups, and workers are subject to the rules of labor standards, so the point it Art. 229 paragraph 3 of the Constitution of the Republic of Ecuador, the working men and the public sector are subject to the Labour Code. For these circumstances that disputes which may arise in labor relations between public companies and their servers run or workers, are resolved by the labor authority or judges competent job, becoming unconstitutional and illegal actions in the administration of justice. Articles 3, 56, 57 and 83 of the Organic Law of the Public Service removed the scope of its competence to servers that are regulated by the organic law of public companies, Likewise, Article 19 of the Basic Law states that public companies public servants appointed and removed by regulated public companies will have no employment relationship, there is a contradiction that officer is paid a remuneration enjoys all the benefits set out in law. So have a working relationship, what happens is that our assembly instead of putting not have job security are causing the contradiction, also the executive has forgotten dictate the rules to the Law on Public Enterprises. With this background I consider important to know these rules of law that the law is reformed and not the rights of public servants working in public companies and to lay the foundations for a legal proposal violates aimed at ensuring the rights established in the constitution and the organic law on public companies are not in line with the constitution. Through this study, a critical study of conceptual, doctrinal and legal, about the problems presented, where they are legal inconsistencies between the organic law of public service and the organic law of public companies is done. For what I consider important to study this topic; since it is now essential that all individuals who are regulated by the law of public companies to know their rights and can demand the same The thesis is structured according to methodological guidelines established in the academic system of the National University of Loja. We have verified the proposed objectives of the research project, and has also tested the hypothesis that the same has been positive, I have come to conclusions, and Recommendations reform proposal that left consideration.

• Päätekijä: Ruiz Mendoza, Carlos Leonardo (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2014
• Aiheet: DERECHO
• Linkit: http://dspace.unl.edu.ec/jspui/handle/123456789/16545