La Prescripción como afectación a pensión en el contrato realidad del sector público
By Colombian law 80 of 1993 was authorized to Public Administration to hire natural persons through contracts by providing service, however, it is not an impediment to disregard real labor relations and to avoid the payment of social benefits, and thus the affected person may impugn the administrati...
- Autores:
-
Pérez-Pineda, Karen Lizeth
- Tipo de recurso:
- Fecha de publicación:
- 2017
- Institución:
- Universidad Santo Tomás
- Repositorio:
- Repositorio Institucional USTA
- Idioma:
- spa
- OAI Identifier:
- oai:repository.usta.edu.co:11634/5426
- Palabra clave:
- Rights
- License
- Derechos de autor 2017 Iter Ad Veritatem
| Summary: | By Colombian law 80 of 1993 was authorized to Public Administration to hire natural persons through contracts by providing service, however, it is not an impediment to disregard real labor relations and to avoid the payment of social benefits, and thus the affected person may impugn the administrative acts that are not aware of the constitutional principle of the primacy of reality over formalities and rights inherent therein (especially social benefits); against this, The Honorable Council of State has determined that if the declaration of the real contract is not effectively requested within a prudential term is appropriate to apply a three – year limitation period ascribed to article 41 of Decree 3135 of 1968, regulated by article 102 of Decree 1848 of 1969, but this only referring in cases, in which the labor guarantees deprecated are salary adjustments and ordinary social benefits, without mentioning social security in pensions, which makes it relevant to address the issue in order to determine the prescriptive legal phenomenon that is appropriate in this case. |
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