Condiciones laborales de los docentes en el sector público y privado del sistema de educación superior en Ecuador: contratación y remuneración

Abstract

The hiring and salary of university faculty are crucial factors that directly affect their job stability, professional performance, and quality of life. In Ecuador, these conditions differ considerably. The objective of this research was to comparatively analyze labor rights in hiring among university professors in Ecuador. The research approach was qualitative, considering the Ecuadorian legal framework that protects faculty within the higher education system. The findings revealed a profound dissonance between the Ecuadorian regulatory framework and its practical application in the university hiring system, both in the public and private sectors. From a legal perspective, this dissonance manifests as a potential violation of essential constitutional principles such as equality, the right to decent work, mandatory social security, and job stability. Although the LOES establishes common guidelines for the entire higher education system, the gap between regulation and implementation becomes evident when observing that private universities frequently apply temporary or civil contracts that, while legal under the Labor Code, contradict the spirit of job stability and the structured academic career that the Constitution and LOES aim to guarantee. It can be argued that university autonomy has been interpreted, particularly by private institutions, as a discretionary space that allows disengagement from fundamental principles of labor protection. This situation reproduces structural inequalities and institutionalizes a dual system of rights within the same educational ecosystem.