La aplicación de la garantía del debido proceso al hacer uso de las licencias de trabajo, para evitar el abuso del derecho de los servidores del sector público.

Abstract

The focus of this research work focuses on the study of the legal instruments applicable in labor relations between employers and workers in the public sector abuse against the right, the same that arises when a right is exercised arbitrarily without respecting the limits for its application, in accordance with what is determined by the regulations that recognize it or grant it the power to request work licenses. The methods used have a qualitative approach with a nonexperimental category that allows the analysis of theoretical assumptions, regulatory and jurisprudential abuse of due process in labor relations, law and work licenses; for which the survey technique was applied, obtaining satisfactory results, since effectively our legal system included in the Organic Law of Public Service, does not regulate the exercise of the rights of public servants, since the prohibitions were not foreseen, consequences, responsibilities and sanctions, to abusive acts with which the basic guarantees of due process are violated, making it necessary to reform the Organic Law of Public Service, in order to avoid the abusive exercise of rights by public servants to process work licenses.