Abstract

GARCIA ARIZAGA, Karen Yarely  and  PEREZ PADRON, Diana. The right to access to social security of the state workers. Rev. latinoam. derecho soc [online]. 2019, n.29, pp.117-143.  Epub Apr 24, 2020. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2019.29.13902.

Workers in the service of the State represent a labor sector unprotected by various local bureaucratic social security laws, to mention a specific case of temporary workers, since they are excluded from the application of the law or do not fully enjoy that right. The main objective of this article is to demonstrate the discriminatory treatment suffered by bureaucratic workers by reason of the category assigned by the temporary nature of their appointment with respect to permanent workers, given that in social security they receive different protection, despite the fact that both provide a personal service and subordinate to the State. It is hypothesized that for the recognition of the human right to social security of bureaucratic workers their status should not be a determining factor and that federal and local legislation must be in accordance with the principle of equality to guarantee recognition and access to this straight. To do this, it used the comparative method for the analysis of local legislations in both bureaucratic and social security matters, also, the case study described the situation of vulnerability of some sectors of these workers.

Keywords : worker; social security; discrimination; protection; temporality.