ANÁLISIS CONSTITUCIONAL DE LA CONTRATACIÓN COLECTIVA EN EL SECTOR PÚBLICO

Abstract

This study is focused on the supremacy of labor rights, according to the Constitution of the Republic of Ecuador of 2008 and its amendments, regarding the right to collective bargaining in the public sector, since it is necessary to understand the issue through an analysis of the constitutional norms, the norms of public international law, the jurisprudence referring to the subject and the doctrinal references, about the juridical figures that surround the institution of the collective contracting, such as, the collective negotiation and the freedom of union . The legal figures were analyzed, considering the constitutional precepts contained in numerals 13 and 16 of article 326 of the Constitution, with which it was intended to suppress the right to collective bargaining in public sector institutions. Therefore, the study to be conducted points to the understanding of the constitutional dimension of the figure of collective bargaining, collective bargaining and freedom of association from the perspective of the public sector, which is necessary to determine in order to conclude whether the constitutional amendment of December of 2015 violates constitutional rights acquired by workers in international human rights treaties ratified by Ecuador.