Violation of the Principle of Job Stability in the Public Sector: The Problem of Job Insecurity Through Occasional Contracts

Abstract

This study analyzes the relationship between the repeated use of occasional service contracts in the Ecuadorian public sector and its impact on the right to job stability, based on an analysis of current legal regulations and their application in institutional practice. A qualitative approach was employed, utilizing a non-experimental design and a descriptive-analytical scope, and applying techniques such as document analysis and the review of rulings issued by the Constitutional Court of Ecuador. The results show that, although this contractual arrangement is legally recognized under the Organic Law on Public Service and addresses the administration's temporary needs, its frequent and prolonged use in practice has distorted its original purpose; it has become a standard hiring method that limits job stability, creates uncertainty, and hinders workers' professional development. Furthermore, a gap was identified between constitutional provisions regarding the right to work and the prohibition of precarious employment conditions versus the reality within institutions, highlighting tensions between the legal standard and its application. Consequently, the study concludes that the repeated use of occasional contracts may constitute an indirect form of precarious employment, necessitating a re-evaluation of their application from a constitutional perspective that effectively guarantees the right to job stability in the Ecuadorian public sector.