La tercerización laboral en el sector público y su compatibilidad con los principios constitucionales del trabajo.

Abstract

The present research analyzes labor outsourcing in the Ecuadorian public sector, understood as the hiring of workers through intermediaries, despite the constitutional prohibition established in Article 327 of the Constitution of the Republic of Ecuador. This phenomenon creates structural inequality between tenured public servants and outsourced workers, violating fundamental rights such as job stability, social security, substantive equality, and union participation. The study reviews the legal foundations (Constitution, Labor Code, LOSEP, Constituent Mandate No. 08), national jurisprudence, as well as International Labour Organization (ILO) conventions ratified by Ecuador, evidencing the inconsistency between the regulatory framework and actual practice. Furthermore, it identifies the limitations of state control mechanisms and presents a critical analysis based on experiences and cases of affected workers (Group, 2025). Finally, it proposes legal and social reforms with a social justice approach, including the updating of the Labor Code and LOSEP, the unification of labor regimes in the public sector, the strengthening of control bodies, and the creation of spaces for social dialogue and collective bargaining. The study concludes that the eradication of outsourcing in the public sector is not only a legal mandate but also an ethical and social imperative to guarantee decent work, equality, and labor justice in Ecuador.