masterThesis
La libertad sindical en el sector público desde la Constitución de 2008 y sus enmiendas
Fecha
2020-08-27Autor
Cárdenas Ordóñez, Francisco Xavier
Institución
Resumen
The aim of this research work is to determine whether or not the amendments to articles 229
and 326 of the Constitution, which tried to eliminate the figure of the public sector worker
who is subject to the Labor Code, are a violation of fundamental labor rights.
For this purpose, a doctrinal analysis of union rights, the collective labor agreement, and the
right to strike has been made. It has been also analyzed if they may be considered to be
fundamental rights, as well as the significance of the agreements of the International Labor
Organization (ILO) subscribed by Ecuador and the guarantees the state must present to meet
them.
The political role played by Ecuadorian public unionism in the national political scene and
the way it has influenced throughout decades have been also analyzed. In order to understand
its influence, it has been necessary to make a brief review of its historical origin, its shaping
processes, and its current situation after the abovementioned amendments have ceased being
in force.
Finally, both the verdict of the Constitutional Court, which gave way to the draft
amendments, and the sentence, which nullified them, have been studied. In order to
understand the context these amendments occurred in, it was transcendental to read and
analyze the discussion book of the National Assembly. The adverse opinions to the draft
amendments on the part of the trade unions and political left movements could be seen here,
as well as the position, reasoning, and perspective of the executive party, which argued the
need for generating these amendments to the Labor Code