An Action of Breach of Judgment before the Contentious Administrative Tribunal, for the Constitutional Court’s hearing, was presented on Tuesday, May 15, by the general director of the Ecuadorian Institute of Social Security (IESS), Carlos Vallejo.
This decision is made in the case of 158 postgraduate doctors at Hospital Teodoro Maldonado who demand that their employment relationship with the Institute be recognized after carrying out academic practices since 1994.
The action presented by the IESS seeks to have the Constitutional Court nullify the action of the Contentious Administrative Tribunal that recognizes the labor relationship between doctors and the IESS and the payment of social and economic benefits.
According to Vallejo, the damage would amount to $ 122 million. He pointed out that said ruling ignores a clause in the agreement that mentions that because it is an academic activity, doctors do not contract any employment relationship with the entity.
Djalma Blum, judicial attorney for the doctors, said “that the IEES twice filed extraordinary protection actions in order to delay the process and fail to comply with the payment amounting to $ 21,594,477.25.”
On October 13, 2015, the Court denied the extraordinary protection action presented by the IESS. “From there the process is executed,” said Blum. According to the legislation, the Contentious Administrative Tribunal has five days to issue a file and rule on the matter. (I)