Insuficiencia regulatoria del nombramiento provisional y su afectación al derecho a la seguridad jurídica y estabilidad laboral

Abstract

This paper aimed to analyze the regulatory inadequacy of provisional appointments in the Ecuadorian public sector, assessing its impact on the right to legal security and job security of public servants. A qualitative, documentary, non-experimental, applied, and cross-sectional methodology was applied. Documentary observation was used as a data collection technique. The sample consisted of books, journal articles, rulings, legal texts, among others. The most relevant results demonstrate that there are gaps in the current regulations in Ecuador regarding provisional appointments in the public sector. It has also been documented that one of the effects of the regulatory inadequacy of provisional appointments is the violation of the right to legal security. It has also been detailed that the lack of adequate regulation of provisional appointments affects the job security of public servants, generating the risk of job insecurity. For all these reasons, the recommendation was made for a regulatory reform that seeks to correct the legal loopholes in provisional appointments, thus guaranteeing greater protection of labor rights and greater legal security for public servants. This reform consisted of adding the following text to Article 18 of the Organic Law on Public Service (2010): "Provisional appointments shall have a maximum duration of 12 months, and may be renewed for an additional 12 months. After this period, the provisional appointment shall become a permanent appointment."