El Contrato de Servicio Ocasionales en el sector público ecuatoriano: Diagnóstico de la normativa, jurisprudencia y actuación estatal.

Abstract

The use of the occasional service contract in the Ecuadorian public sector has exceeded the limits established in the regulations that regulate it, which has resulted in the existence of people who continue to work in public entities waiting for a competition of merits and opposition. The methodology used is documentary analysis of literature, through the search and analysis of digital bibliographic sources on the Scopus, Wos, Google Scholar and Fielweb platforms, using criteria based on the research objectives. The results were: a) The occasional services contract has been used in administrative bodies, violating the regulations that regulate it. b) The succession of occasional service contracts does not constitute acquired rights for service providers. c) There is state responsibility for not carrying out the merit and opposition competitions established for the creation of positions for activities that are permanent. The conclusions of the investigation are: a) There were flaws in the regulations that regulate occasional service contracts for allowing their renewal and that the servers could continue working until a competition of merits and opposition was carried out. b) The contract for occasional services does not have legal effects once its term has ended. c) There has been a violation of the rules that regulate the contract of occasional services and violation of the rights of the people who have continued to work.