Análisis jurídico sobre la acción de protección como único recurso para la reivindicación de los derechos laborales de servidores con contrato ocasional del Gobierno Autónomo Descentralizado de Cuenca.

Abstract

The purpose of this work is to analyze and evaluate the applicability of the Organic Law of the Public Service, within of contracts by the Decentralized Autonomous Government of the Cuenca canton to identify the existing problems under the modality of occasional services contracts, that affects the violation of constitutional rights, as is the case of job stability, which is why the restoration of said rights is sought through the protection action. Research by several authors is compiled that provides a foundation for this document to develop concepts on which we base ourselves to support the proposed problem. Qualitative research will be carried out, based on the documentary research technique, focused on cases of lawsuits filed by public employees towards the GAD of the Cuenca canton. The results indicate that the reform to the LOSEP in Art. 58, corroborates what the results of the case studies show one hundred percent. The position that was generated as a need for the GAD through an occasional contract must be permanently established if said position becomes necessary within public management. This reform had been generated at 2017. Is important the effect of the protection action against the violation of constitutional principles such as job stability defended by the Magna Carta of Ecuador, now more with the help of this reform.