La jubilación patronal de los servidores públicos de carrera en empresas públicas: análisis constitucional del derecho al trabajo, la primacía de la realidad y la igualdad material

Abstract

Abstract: This research analyzes the employer-funded retirement benefits of career public servants in Ecuadorian public enterprises from a constitutional perspective, taking into account the right to work, the primacy of reality, and substantive equality. Drawing on the Constitution of the Republic of Ecuador, the Organic Law on Public Enterprises, the Labor Code, and Constitutional Court jurisprudence, the study examines the coexistence of distinct legal regimes within the public sector, the distinction between manual workers and career public servants and its implications for employer-funded retirement rights, as well as conflicts arising from the nature of the employment relationship, the performance of duties, and the protection of acquired rights. Consequently, and in light of jurisprudential principles such as the rule of most favorable interpretation, non-waivability of rights, intangibility, legal certainty, and equality it is necessary to consider the specific factual circumstances, job stability, and the substantive nature of the legal relationship in each individual case to determine whether the right to employer-funded retirement benefits exists.