Análisis de la inestabilidad laboral en contratos ocasionales en la Ley Orgánica de Servicio Público, a partir de la sentencia 689-19-EP/20

Abstract

This article examines and analyzes the job instability derived from occasional contracts regulated by the Organic Law of Public Service (LOSEP), taking as its main axis the Constitutional Court's ruling No. 689-19-EP/20. This decision constitutes a relevant precedent when analyzing the case of a public servant hired as a substitute through successive renewals of an occasional contract, a situation that evidenced a possible distortion of the temporality of this figure. The objective of the study is to determine the constitutional and legal scope of the judgment, as well as its impact on the practical application of the occasional regime within the public sector. The research is developed from a methodology with a descriptive approach, which allows interpreting the LOSEP, its regulations, doctrine and constitutional jurisprudence linked to the right to stability, legal security and job continuity. The results show that the ruling recognizes that the repeated use of temporary contracts to cover permanent or long-term positions may violate labor rights, especially when it creates a legitimate expectation of stability for the substitute worker. It is concluded that the ruling establishes clear limits on the use of temporary contracts, obliges public institutions to justify their actual need, and prevents administrative practices that lead to precariousness. The analysis provides a systematic interpretation that contributes to the correct application of temporary contracts and strengthens the protection of public servants against arbitrary renewals.