Not all people can work in the public sector, as is the case in the private sector; This is because they have been fired, are in debt to public institutions, or are late with alimony payments.

The employment lawyer Vanessa Velásquez indicates that the obstacle is precisely because there must be non-corrupt and transparent management in the public sector. “In order to ensure adequate use of public resources, as well as ensure that public servants have the appropriate skills for the proper functioning of the public sector.

it coincides with this Ider Salgado, professor at the Faculty of Work and Human Behavior, Uisekwhich points out that it is public funds need more careTherefore, they are subject to more specific audits or controls to prevent abuse. “(There are aspects) that could be considered benefits in the private sector; that is, in the private sector there are, for example, bonuses on the salary for sales, a situation that would not be relevant in the public sector due to the type of resources that are managed”, explains Salgado.

Overtime rises to $3.75 with wage hike in 2023: Vacations, tithes and night shifts also increase in Ecuador

And he continues: “In addition, the principle of free enterprise means that the private sector is managed differently from the public sector.” For this reason, we could not make a comparison, firstly, due to a legal problem; that is, there are different laws governing public law and others governing private law; and secondly, according to the type of position held”.

According to data from the Ministry of Labour, there are 1,566,166 persons who are prevented from holding public office. This figure corresponds to the period from 1999 to July 4, 2023. For four years, more people with disabilities were recorded. The first peak was in 2000, with 113,295; later, in 2019, with 493,693 people; then in 2022 with 345,288; and finally, 2023, to which 418,137 citizens leave who cannot work in the public sector.

Who are they?

“We found those who were specifically convicted of public criminal acts of corruption; and, on the other hand, we also have those who are prevented from doing so due to relationships with other officials, which prevents nepotism,” says Salgado.

and emphasizes that It is not forbidden for a person who works in the private sector to work in the public sector as well, if there is no conflict of interest.. “For example, a public servant who works in a certain ministry, from Monday to Friday, but who teaches on weekends at a university or who has a job or works in a company on weekends or after working hours. public function,” he said.

‘I knocked on 200 doors and they all closed. I had to sell my furniture, clothes and even my house’: the story of a person laid off in the pandemic who still has not found a job in Ecuador

instead of that, Velásquez emphasizes that the obstacles do not apply to the private sector. “In fully realizing the right to work, people have chosen to be part of the private system. The profile will be evaluated by each private sector agent, as each company processes a different profile“, confirms the labor lawyer.

From 100% obstacles, The largest concentration is debtors to public sector entities, 1.3 million of them from 2005 to 2023. In the current year, there are 410,622 citizens, making it the second year with the most records. The first in this category was in 2019, with 485,127 people. During the pandemic, there were 34,878 of them.

This is supported by Article 9 of the Organic Law on Public Servicewhich explains that a special disqualification arises due to an omission when people are in arrears with the national government, decentralized autonomous governments, the Internal Revenue Service, the Central Bank of Ecuador, open or closed financial institutions belonging to the state, private law entities financed with 50% or more from public sources, public enterprises or, in general, any government entity or agency; or who are debtors to the state for contributions or services that are due for one year; or who are in a state of judicially declared civil incapacity.

Based on my salary, how can I calculate how much I contribute to unemployment insurance in Ecuador?

And appointments issued or contracts entered into in favor of persons who are in default with public entities or companies or who manage public resources are exempt if, before obtaining the appointment or contract, it is stated in the affidavit of assets at the beginning Management of debt and agreement details or payment facilities signed between debtor and creditor.

Regarding retirees, retirees and retireesyear, the largest number of people with disabilities was in 2000, with 105,200 people, and in 2018, with 21,548. They are going this year 6,935.

The severance pay refers to the fact that the worker can re-enter the public sector only if he returns the amount of compensation received, minus the value resulting from the last compensation received multiplied by the number of months in which he did not provide services in the public sector. , counting from the date when their separation took place, explains Velásquez. add seven people in 2023. Other categories are layoffs, with 182; voluntary retirement benefits, s 22; court injunction, with 130.

With respect delinquency for alimony, the norm establishes that you will not be able to enter a public position if a person owes two or more alimony payments, says Velásquez. Here are 1765 in eleven years. There were the most of them in 2016, 438, and this year 38.

“More than disability, it’s a requirement, since he has to declare under oath through an affidavit that he is not in arrears or delinquent in child support payments,” Salgado says.

and in in the case of drug trafficking, there is only one person registered in 2023.