The public hearing to decide whether to grant a protection action to the workers’ representatives regarding the choice of the member that represents them before the Board of Directors of the Ecuadorian Institute of Social Security (IESS), and that it should be carried out Friday, November 25, was postponed to Thursday, December 1 at 3:00 p.m.
The deferral also lengthens the restriction that the Board of Directors of the Social Security entity currently has to meet, since a precautionary measure is in force that orders the president of the IESS, Alfredo Ortega, “to refrain from calling the sessions of the IESS board of directors while the protection action is resolved in the main, within the public hearing.”
The problem of conformation Board of Directors has been dragging on for at least eight years. The Constitutional Court accepted a claim of unconstitutionality on the formation of the Board of Directors, since it was considered that all the possible sectors that made up both the employer and the worker sector were not being taken into account. The Court ruled that two paragraphs of article 28 of the Social Security Law that referred to the issue remained deferred unconstitutionality, until the Assembly drafted another law that clarified the issue. However, the law only came out in 2021, but it was vetoed by President Guillermo Lasso, since it was considered that the greatest inclusion was not met and that the establishment of a rotating presidency would affect governability and generate politicization. The Assembly had to wait a year to retake the issue, but although the deadline had passed, it did not.
as a measure To get out of the trap, on October 3, the Government issued Decree 571 that reformed the regulations to elect the members of the Council, both those who represent the business sector and the worker. The President of the Republic gave 15 days to appoint a candidate from each sector to be qualified by the Superintendency of Banks. The process was fulfilled with respect to the representative of the employers, but not with respect to the workers, who presented more than one candidate. In that interval, the Assembly ratified the law that the Presidency had vetoed and the The Superintendence considered that it could no longer continue with the process determined in decree 571.
Faced with this scenario, On November 14, the representatives of the historical union centrals, among them Édgar Sarango, Isabel Vargas, Fernando Ibarra, presented a demand for a protection action against the Superintendency of Banks and the State Attorney General’s Office. As for the Superintendency, the lawsuit was addressed to Antonieta Guadalupe Cabezas Enríquez, current superintendent (e), and Jorge Luis Andrade Avecillas, legal national mayor of the control entity. Currently, Andrade Avecillas has left that position, since he was appointed president of the Board of the National Financial Corporation (CFN). The demand also extends to the attorney Juan Carlos Larrea. The precautionary measure to avoid new sessions of the Council was addressed to the president of the IESS, Alfredo Ortega.
The judge against Violence against Women or Members of the Family Nucleus Hilda Yolanda Garcés Dávila accepted the request for processing and set a date of November 25, but this hearing had to be deferred at the request of the Attorney General’s Office.
The argument of the Prosecutor’s Office was that the National Sponsorship Directorate and its regional directorates had received a procedural charge in recent days and do not have legal professionals to intervene in the indicated hearing for last Friday, “so they request the deferral of it.” The judge accepted the request.
In accordance with Fernando Ibarra, representative of Cedoclat, one of the claimant trade unions, the process is advancing and they hope that the judge will accept their request, which has no other objective than that the rights of workers be respected and that the IESS Board of Directors be represented by a vocal that is actually supported by the workers and not by Luis Clavijo, the member in extended functions, who has already been unknown by his sector.
Ibarra commented that these days within the judicial process, there have been three tomycus curiae. Two in favor of the IESS and the Superintendency of Banks, and another in favor of the workers. Indeed, on November 24, Patricia Elizabeth Borja Laverde presented her support for the position of the Superintendency of Banks; In addition, Martha Alexandra Padilla Murillo, as judicial attorney for the general director and legal representative of the IESS, did the same. Meanwhile, the lawyer José Vladimir Andocilla Rojas, who also presented a amicus curiae, it was to be heard on November 25 supporting the position of the workers.
Meanwhile, The IESS Board of Directors has only managed to meet once, before the precautionary measure was issued. The same November 14, but in the morning, before the protection action is presented. He did so with the presence of Alfredo Ortega, the new representative of the employers, María de los Ángeles Rodríguez (replacing César Rodríguez), and with Luis Clavijo, a member extended in office and representative of the workers. (YO)
Source: Eluniverso
Paul is a talented author and journalist with a passion for entertainment and general news. He currently works as a writer at the 247 News Agency, where he has established herself as a respected voice in the industry.
