El ejercicio de la conducción de taxi en Colombia: ¿Presunta relación laboral?

Abstract

The exercise of driving has become a public service that favors mobility in the Country, even when the provision itself is questioned by society due to the new informal trends that emerged as an alternative to the taxi service; However, and despite the fact that the issue has even generated controversy, rarely is the work of the so-called "taxi driver" investigated, who in theory fully complies with each of the assumptions enshrined in the famous article 23 of the Substantive Code of the Work, this is personal provision of service, subordination and remuneration. In this sense, see how the same progress and criteria in the positions on labor rights, has placed this exercise in the field of labor law, however, there are other positions that attract attention, and that are located in the field of civil law, and specifically, in the contract for the provision of services, which focus on affirming that, in this activity, the element of subordination and even remuneration or salary is absent. It is then necessary that through the doctrine and the jurisprudential precedent, if any, the bases can be laid to answer the problem question of the present work and that finally it can be identified from the generality, what is the role of the taxi driver in the society, worker or provider of a service? aspect that supposes of course, taking an analytical position and appropriate to the social reality of the Country, specifically, of this guild.