Unconstitutionality of the mandatory purchase of relinquishment: implications and scope of the resolutions

Abstract

The purpose of this document is to analyze the unconstitutionality of the Mandatory Resignation Purchase, as well as the implications and scope of the resolutions established by Executive Decree 813, which focuses on labor law, which is inalienable and non-negotiable, since under no circumstances can workers be required to resign, given that they enjoy job stability, as established by the Constitution of the Republic of Ecuador. Currently, the lack of predictability in regulations contravenes the principle of regulatory stability, which is essential for job security, legal certainty, and the principles of non-waivability and inviolability of labor rights, which are protected by the Constitution and the Organic Law of Public Service (LOSEP). This is due to the systematic violation of the human rights of Ecuadorian public officials, within the context of a legal concept established by an executive decree known as "mandatory resignation purchase," which has led to the limited effectiveness of the mechanisms intended to resist it. This is because the employer violates workers' rights by demanding their resignation, which demonstrates the unconstitutionality of forcing a worker to leave their job. It is essential to remember that resignation must be a voluntary act; the worker has the right to resign, but not the obligation to do so, which is recognized as a fundamental right in Article 33 of the Constitution of the Republic of Ecuador.