Licencia sin remuneración para servidores públicos de contratos ocasionales : contradicción entre la constitución y Ley Orgánica del Servicio Público.

Abstract

The present research work provides a relatively hidden vision of the right to participate as a candidate for a popularly elected position of Public Servants who work under occasional service contracts. Participation rights are contemplated in the Constitution of the Republic of Ecuador, of which all citizens who do not have restriction of their political rights are subject. The Organic Law of Public Service, is the law, under which public servants work, however, in article 28, literal e) of the ibidem norm, there is a clash with article 113, numeral 6 of the Constitution, since that both regulate the same subject however, there is a contradiction with the constitutional precepts, on the one hand the Constitution states that if the Public Servant wishes to be a candidate (with the exception of the servers of free appointment and removal, and; those of a fixed term, except resignation) will request the unpaid leave from the Human Talent Unit on the day of his registration, on the part of the LOSEP states that it will only grant the license for public service career servers. Despite the evolution of political rights, the legislator continues to keep his legal agenda pending, to which he must pay prompt attention so that citizens without distinction can exercise their political rights, especially the right to participate as a candidate in electoral processes.