Vulneración de los derechos de los servidores públicos en los nombramientos provisionales en Ecuador

In Ecuador, provisional appointments, conceived as temporary solutions to fill vacancies in the public administration, have become systematic practices that make employment precarious and violate labor rights. Despite their intention to guarantee the continuity of services, their prolonged use generates inequalities between provisional and permanent employees, affecting job stability, access to social benefits, and professional development. The Organic Law of Public Service (LOSEP) stipulates that these appointments must be exceptional and limited in time. However, in practice, their indiscriminate implementation perpetuates temporality. This contradicts constitutional principles and affects the quality of public services due to the constant turnover and lack of commitment of precarious employees. The international comparison highlights the seriousness of the problem in Ecuador. Jurisprudence of the IACHR and constitutional courts in countries such as Colombia highlight the violation of labor rights due to prolonged temporality, emphasizing the urgency of legal reforms. The proposals include strictly regulating these appointments, promoting transparent selection processes and creating effective oversight mechanisms. In addition, the regularization of affected public servants and training programs on labor rights are required. Addressing this problem is crucial to guarantee equality, dignity and job stability, promoting an efficient, transparent public administration aligned with international human rights standards.