Analysis of service contracting processes in Colombia, case study sentence SUJ-025-CE-S2-2021

In order to perform their functions, State entities resort to different means of employment, such as those accessed by merit-based competition known as career jobs, jobs of trust also known as free appointment and removal, provisional employment which is appointed by the nominator of the entity and has the same guarantees as career employment. Currently, there has been an increase in the use of labor contracts for the provision of services with state entities, committing a number of failures by the entities that do not know or do not apply the characteristics or nature of this type of contract, requiring their contractors as if they were linked through a labor contract, which has led to dozens of lawsuits against the state; As an example, the Unification Ruling SUJ-025S2, where the plaintiff was recognized that she worked under a reality contract and not for the provision of services, which ordered the payment of money foregone during her permanence in the entity. This judgment also mentions the suggestions made by the International Labor Organization regarding the labor contract, emphasizes the provisions of Law 80 of 1993 and the Substantive Labor Code regarding the service contract, the characteristics of a labor contract and the differences that must be taken into account with service contracts in terms of compliance with schedules, subordination, or dependence. The importance of this ruling is that it unifies criteria to be taken into account in contracts such as duration and establishes a space of thirty working days between the termination of a contract and the beginning of another, it also unifies the criterion regarding the fact that the money contributed by contractors for social security cannot be returned due to its tax nature.

• Autores: Rueda Roa, Aldemar
• Tipo de recurso: Trabajo de grado de pregrado
• Fecha de publicación: 2023
• Institución: Universidad Militar Nueva Granada
• Repositorio: Repositorio UMNG
• Idioma: spa
• OAI Identifier: oai:repository.umng.edu.co:10654/45099
• Acceso en línea: https://hdl.handle.net/10654/45099
• Palabra clave: CONTRATOS DE TRABAJO; CONTRATOS DE SERVICIO; Contrato de prestación de servicios; Primacía de la realidad; OIT; Solución de continuidad; Continuity solution; Contract for the provision of services; Primacy of the reality; OIT
• Rights: openAccess
• License: http://creativecommons.org/licenses/by-nc-nd/4.0/