Acciones de protección por conflictos laborales con el sector público desde la jurisprudencia constitucional ecuatoriana

Sentence 2006-18-EP/24 establishes a general exception regarding the inadmissibility of protection actions in labour conflicts involving public servants, referring these cases to the contentious-administrative jurisdiction, unless they notoriously or seriously compromise the dignity or autonomy of the servants, or are urgent. However, these concepts are too general to justify a motivational exception, which allows judges to solve the case without carrying out a deep analysis of the real existence of violations of constitutional rights. Such generality not only creates confusion, but also violates the right to motivation, because the established rule does not allow to clearly distinguish when a labour conflict evidently has an adequate and effective ordinary jurisdiction to solve it, leaving most of these without a real answer to their claims, which could reach the constitutional dimension, but that can only be determined with the analysis of each specific case.