The executive decree 571 of the President of the Republic, Guillermo Lasso, who has in 15 days to renew the Board of Directors of the Ecuadorian Institute of Social Security (IESS), has not ceased the two vowels: Luis Clavijo -for the workers- and César Rodríguez -for the employers-, who are in extended functions; however, it has given a way for a change.
This was clarified by the general director of the IESS, Diego Salgado, explaining the scope of the decree that was announced yesterday, Monday, at a press conference. He did so during the first discussion held by the main Social Security authorities: Salgado and the delegate of the President of the Republic, Alfredo Ortega.
At par, Ortega said that the decision taken has responded to a clamor that existed both from the sector of the Chambers and from the workers that they have requested a renewal and that they have even spoken with the members and asked them to step aside. He also commented that approximately two weeks ago, himself as president and director Salgado They had a “sensible, serene” conversation with the two members of the Board of Directors and they had expressed their agreement to step aside, since they had already completed a cycle. They only hoped that there would be a legal way out so as not to leave the IESS headless.
The IESS authorities agreed that this is a totally legal and viable solution, despite the fact that there is a ruling by the Constitutional Court (CC) that indicates that a reform must be carried out through the Assembly. Salgado said that what has allowed this legal solution is the consideration that the Court indicated in its sentence that article 28 of the IESS law, which talks about how to elect the members, has an “unconstitutional” condition, but “deferred”, until the Assembly delivers the definitive reform. Since this has not happened, then, the article is still in force, and therefore the reform to the 2012 regulation is totally valid.
In accordance with Henry Llanes, representative of the Association of Affiliates, Retirees and Pensioners of the IESS of Pichincha, The Court’s ruling asks the Assembly to reformulate article 28 of the IESS Law to establish a more inclusive composition of the IESS Board of Directors and with greater participation of the sectors. What is being done is that in the absence of the reform, then the regulation is being reformed. Llanes says that already on June 13, he himself had sent a suggestion in a letter to the President of the Republic, suggesting that a query be made to the Attorney General’s Office to find out the feasibility of reforming the regulation that had been issued in 2012.
On the other hand, he anticipated that for the On October 17, your organization is expected to present to the National Electoral Council the 60,000 firms that seek to generate a citizen legislative initiative through popular consultation in order to make a more participatory election of workers and employers. The idea of this proposal is to appoint two worker representatives, a retiree and a representative of employers and another of the Government.
In accordance with Nelson Erazo, president of the Popular Front, the decision made by President Guillermo Lasso is due to the struggle of the different social actors and would also constitute a kind of rectification after in 2021 veto the reform that the Assembly had proposed for a new procedure for appointing members.
In any case, for Erazo, it is interesting that now it will be possible to go to the election of the new representative.
The new decree indicates that the trade union centrals, retirees, the UNE, the Federation of Public Servants, Peasant Social Security organizations, could submit name proposals.
Meanwhile, he commented that On October 29, the affiliated and retired sectors will participate in the third meeting of the sector to make a proposal for legal reform on the formation of the Council. The proposal would be to have at least seven members of the Council, one for each of the IESS sectors mentioned above and the other two would be: one from the Government and another from the employers.
He clarified that the workers will continue with their fight for the payment of the debt, and that the health issue be resolved.