The right to equality and non-discrimination in the enjoyment of annual leave within the labor regimes of the ecuadorian public sector

Abstract

This article addresses the right to equality and non-discrimination in the enjoyment of annual vacations, within the different existing labor regimes in the Ecuadorian public sector. On this subject, it is necessary to point out that in the public sector in general, the regulations have established a difference based on the functions entrusted to its employees. Thus, on the one hand, we find the public servant in charge of the administrative and representative functions of an institution, and on the other the workers who contribute with manual activities, each one carrying out specialized and important activities for the fulfillment of institutional objectives. In addition to those differences based on their activities within a public institution, the exercise and enjoyment of the rights acquired as workers are equally protected through the principles of intangibility, inalienability and progressivity in the terms provided within the constitution. By virtue of that, the central objective of this work is to analyze whether there is discrimination or differential treatment in the enjoyment of vacations between public servants or workers in the Public Sector. The main points of analysis were addressed: The labor regime in the Ecuadorian public sector; The public servant and the worker within state institutions; The constitutional amendments to the LOSEP; Comparative legislation of the right to annual vacations that public servants and workers have; Right to formal and material equality and non-discrimination in the workplace. The research methodology used was: Scientific and explanatory.