Implicaciones de la Derogación en Colombia de la Figura del Contrato de Prestación de Servicios.

Abstract

Abstract This research work has been dedicated to identifying and relating the main elements of the service provision contract in Colombia. The study is primarily qualitative, with a descriptive and investigative scope of Law 80 of 1993. Its objective is to resort to exploratory and explanatory approaches to the mentioned law and other Colombian norms. To develop this study and based on the theoretical framework, regulations, jurisprudence, and Law 80 of 1993 of the Colombian state regarding service provision contracts were reviewed. The aim is to obtain identification, definition, application, importance, and consideration for this type of contracting, which is not regulated by the Colombian labor code. Finally, a justification is made for why this type of contracting in Colombia cannot disappear, and up to the present date of this project's completion, there is no other type of contract that can precede it, in pursuit of a contractual or labor benefit for the Colombian population. It should be emphasized that the employment contract is a means for the worker to have a minimum quality of life and to receive all the benefits that are legally due to them. The difference between the labor contract and the civil contract must also be taken into account since the service provision contract that is entered into is the most common to evade the payment of social benefits. Its purpose is to fulfill a specific task, a goal explicitly agreed upon in the contract, where a fixed amount is specified as compensation for the performance of this function. In this type of contract, neither working hours nor subordination is stipulated.

A critical and legal analysis is conducted on the use of the service provision contract by public and private companies in the country and the constitutional stability principle of 1991. It also serves as a reference document in the context of worsening conditions for employees in labor matters and provides a comprehensive understanding of the causes and consequences.

Keywords: Contracting, Contracts, Workers, Employers, Population, Independent, System, Subordination, Remuneration, Fees, Characteristics, Mechanisms, Denaturalization of contracts.