Estándares desarrollados por la Corte Constitucional del Ecuador en relación con la desvinculación de servidores públicos de carrera en empresas públicas.

Abstract

Abstract:This study analyzes the job stability of career public servants in state-owned enterprises within the Ecuadorian legal framework and in light of the rulings of the Constitutional Court of Ecuador. It undertakes a conceptualization of this stability, defining its limits and contrasting it with the right to freedom of contract. This analysis corroborates that the right to freedom of contract is not absolute and must be curtailed when matters of public interest prevail, such as the statutory relationship that exists between public companies and their civil servants. Furthermore, the Constitutional Court, through its jurisprudence, has established that state owned enterprises must terminate a permanent appointment through a regulated process and not merely at the discretion of the entity's representative. Ultimately, this paper concludes that the job stability of career public servants in these enterprises is fundamental to the construction of a more just, inclusive, and egalitarian society. In this context, the active participation of both the State and the employer is essential to guarantee the special protection and retention of workers who constitute this vulnerable group.