Necesidad de regularización excepcional para servidores públicos con contratos ocasionales prolongados en Ecuador

Abstract

This research addresses the problem of the unnatural use of temporary service contracts in the Ecuadorian public sector. Contrary to their exceptional and temporary nature, they have been systematically used to fill permanent positions, leading thousands of public servants to prolonged precarious employment. The study focuses on justifying the need and feasibility of an exceptional regularization process for those public servants who have maintained continuous employment under this modality for more than five years. Using a mixed-method methodology with a socio-legal design, which included semistructured interviews with five public servants and the administration of a structured survey to a selected sample of 106 public servants with long-term temporary contracts and permanent positions, it was possible to demonstrate that the vast majority of these workers perform essential roles with high responsibility and have accumulated considerable seniority. The results of this analysis, processed through thematic coding for qualitative information and descriptive statistics for quantitative information, show that this situation violates fundamental constitutional principles such as job stability, decent work, equality, and freedom from precarious employment. Furthermore, the negative impact this has on the legal security and well-being of those affected was confirmed, as well as the existence of significant barriers in ordinary mechanisms for accessing the administrative career, such as merit-based competitions, which prevent the formalization of these public servants. The comparative analysis with regularization experiences in countries such as Peru, Colombia, Argentina, and Mexico demonstrated that the implementation of exceptional procedures is viable and compatible with the principle of merit, considering accumulated experience and seniority as a form of demonstrated merit. The research proposes a specific reform to Article 58 of the Organic Law of Public Service (LOSEP) that, through clear sections, would establish the criteria (more than five years of seniority, permanent positions, favorable performance evaluation, and budget availability) and the simplified procedure for regularization. Therefore, the research validates the hypothesis that an exceptional legal regime for regularization is constitutionally viable and socially necessary. Its implementation would correct structural precariousness, guarantee access to the administrative career, strengthen the legal security of personnel, and substantially improve the efficiency and quality of public service in Ecuador, laying the foundation for a more just and effective public administration.