La regresividad del derecho a la estabilidad laboral de los obreros del sector público a raíz de la supresión del Código del Trabajo de las instituciones públicas

Abstract

This degree’s paper objective is to determinate the possible regressive incidence that the constitutional amendments approved in 2015 by which the implementation of the Worker’s Code was eliminated from public institutions, had in working stability rights of public employees on said institutions. To achieve this, the study will focus in three concrete aspects. First, determine the nature and essence of working stability rights and how the non-regressive principle, alongside with the progressive one, can protect constitutional rights, and more specifically, working stability rights. Second, to do a detailed analysis of the in favor decision by which the Constitutional Court approved the constitutional amendments project, identifying and challenging to an argumentative contradiction, the reasons that led to the conclusion that there was no rights regression. Third and finally, to do a comparative study of the law and with empirical evidence, between the Workers Code and the Organic Law of Public Employees regarding its ways of hiring and work termination in order to determinate if one regimen or the other, grants a higher level of working stability.