La huelga en el sector público ecuatoriano: límites al ejercicio del derecho 2008-2020

Abstract

This research analyzes the right to strike in the public sector through dogmatic postulates and the constitutional and legal regulations in force - in the Ecuadorian State. As a debate around labor and constitutional law, this work develops in the principles of the ILO - concerning this right- and the theories of the crucial content of fundamental rights, as well as their internal and external limits. Through this is determined that in the Ecuadorian State the right to strike is excluded for most of its transitory servants -and all the servants- who work in the institutions where the Constitution prohibits the stoppage of services. The aforementioned has caused public employees not to have an action program that allows them to negotiate their working conditions. For this reason, this research presents proposals that allow the effective exercise of this right in the public sector. In the first place, they are destinated to the legislative body so that through the democratic process, they reform the laws that regulate the public service and allow both -the rights of citizenship and the rights of public servants- to coexist. In the absence of legislative intervention, in the second place - considering its objections to legitimacy - it is proposed that the Constitutional Court must be the one to examine the constitutionality of these rules and determine, where appropriate, the existence of normative omissions or norms incompatible with the Constitution.