Incidencia de la Resolución 10-2024, sobre compras de renuncias obligatorias, en la seguridad jurídica.

Abstract

The purchase of mandatory resignation with compensation has been, since its incorporation into Ecuadorian law in 2011, a controversial figure. This because of; from the morphology of the words used in such an institution, which provokes animosity by considering a voluntary resignation obligatory. This led to the discussion of the legal relationship between the employer (State) and worker, regarding the application of rights, their constitutionality, and relevant elements in their study. For this reason, since its implementation, a series of contentious actions have been presented aimed at declaring the nullity of the administrative acts issued for the dismissal of public servants due to the purchase of mandatory resignation with compensation, which have reached levels of certainty by declaring the violation of labor rights in public servants. For this reason, the National Court, on June 5, 2024, decided to declare mandatory jurisprudential precedent: that any act of cessation of functions due to the purchase of mandatory resignation is null, with the consequences of retroceding rights and determining a compensation regime. In this sense, said institution became relevant for academia and law; Through this investigative work, a legal exegetical analysis is developed of the institution of the purchase of voluntary resignations in Ecuador, and as from the precedent jurisprudence determined in Resolution 10-2024 of the National Court, a criterion of nullity is established for certain acts that contained said figure.