La naturaleza jurídica de los contratos de servicios ocasionales en el Ecuador
The legal nature of occasional service contracts in Ecuador
DOI:
https://doi.org/10.59872/icu.v9i14.564Keywords:
Temporary contract, public servant, employer, job stabilityAbstract
The occasional contract represents a form of legal pluralism in the labor regime that, when used recurrently and unjustifiably, violates labor rights such as the stability of public servants. The main objective of this study is to establish, through critical analysis, the legal nature of the occasional public servant contract, in order to assess its application prospects within the legal system and determine its appropriate use in light of the guarantee of protection of constitutionally recognized worker rights in Ecuador. It also aims to establish the legal problems of occasional service contracts in Ecuador, to legally and doctrinally characterize the occasional service contract based on the national legal system, and to determine the appropriate methodological approach for the analysis of occasional service contracts. To carry out this study, a qualitative and descriptive methodology of a primarily qualitative nature is used, which utilizes several techniques, including a comprehensive review of specialized literature. Legal texts, theses, essays, relevant academic articles, and constitutional jurisprudence are also analyzed. In addition, logical-historical and phenomenological-legal approaches are employed to develop a comprehensive understanding of the implications of each legislation on employment relationships. The main results obtained determine a violation of the constitutional principle of job security due to the application of temporary contracts used by public institutions; they also cause public officials to show little interest in the performance of their normal activities.
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