The new statutory provision for teachers who turn 70 years of age states that they must retire and leave their posts, affecting 407 teachers at the University of Guayaquil.
The 407 constitute 15% of all the main and auxiliary professors, whose age fluctuate between 70 years and more. This rule concerns teachers approaching that age, because 20% of the teachers are between 64 and 69 years old.
Following this event, the Association of Professors of the University of Guayaquil (APUG), coincides with two points: they say that the provision is unconstitutional and, if implemented, would affect the academic work of the institution.
Sergio Marzo, director of APUG, cited legal arguments on which the teachers are basing their claims: Articles 11 and 37 of the Constitution. The first provides for equal rights for all people and that no one may be discriminated against on any grounds, including age. The second guarantees the right of the elderly to be paid for work, depending on their capabilities.
At the discretion of APUG, that provision of mandatory retirement contradicts the articles of the Constitution for being a law (the Public Service or LOSEP), which is hierarchically inferior to the Constitution of the State. Other teachers consider that if the new rule is approved it would affect the quality of teaching.
Besides all this, they claim that the application of this rule, “will affect the University’s academic situation” because of the many affected. The decision on whether to abide by the provision or not has not been made, they insist that it is unconstitutional.