Derechos colectivos de las y los servidores públicos al amparo de las Enmiendas Constitucionales de 2015

Abstract

The current Constitution of the Republic of Ecuador in since 2008 recognizes and guarantees the rights for Ecuadorian citizens, including private and public employees. In December 2015, Asamblea Nacional of Ecuador, through the process of a Constitutional Amendment unified the labor regime of those who provide their professional services at institutions and state agencies; they must adhere to the legal and secondary legislation of this modification of the Carta Magna until June 2016. In the first chapter of this research, we address a historical background in a general aspect about to the right to work, and the historical legislation that has been in our country. In the second chapter, we will focus on distinguishing which are the characteristics of the public and private labor system in Ecuador, and we will make recommendations for regarding the individual rights for public employees. In the third chapter, we will refer to the International Conventions, OIT, which have been ratified and which have not been ratified by our country. In the fourth chapter, we will establish similarities and differences between regional legislation due to the recognition of collective rights for public employees. In chapter number five, we will detail doctrinaire point of views about the collective rights, as: strike, collective bargaining and unionization in the public work industry; and finally, in the sixth and last chapter, we will give recommendations for the impending reform of the Organic Law on Public Service , LOSEP .