Ambigüedad en la Ley de Servicio Público, régimen Galápagos sobre la Constitución de la República del Ecuador.

Abstract

People who win a merit and competitive examination, who receive a permanent appointment in Continental Ecuador, said position being for Galapagos, face a significant job change in the Insular Region. Due to the Special Regime that the Galapagos Island has because it is a natural reserve, people who win a permanent appointment in Continental Ecuador this changes and becomes a provisional appointment with a maximum duration of five years, as established in article 46 of the Organic Law of the Special Regime of the Province of Galapagos, where there is a legal vacuum when said public servant completes five years working on the island and has to return compulsorily to Continental Ecuador, but there is no specific article within the Organic Law of the Special Regime of the Province of Galapagos nor in the Public Procurement Law that specifies under what type of appointment the public servant must return and work on the Ecuadorian continent. Resulting in a return with a provisional appointment under the LOREG, which only has jurisdiction in the Galapagos Islands but not in Continental Ecuador, generating a legal problem that threatens several constitutional rights of employees such as: right to work, right to equality, decent life, and legal security.