Naturaleza de las ordenes de prestación de servicios con el estado colombiano

Abstract

The present project consists of contextualizing the nature of the contract for the provision of services as opposed to the recognition of the contract as a reality at the moment in which the latter is granted to the entitled subject; the need for this is to be able to clarify the panorama for many of the people who still think or assimilate the contract for the provision of services with the contract as a reality as oneself. Furthermore, it is pertinent since in Colombia at first sight we have a great problem with the attachment of people to a job, and since this affects all of us and generates an interest with respect to our labor situation, due to the lack of guarantees and the tiny possibilities of attachment to state entities. In accordance with the above, it is useful in terms of the security that can be given to citizens who are unaware of this double aspect of contracting, which really violates the fundamental rights of a worker, who fulfils all the characteristics of a real contract as established in article 23 of the substantive labour code, that is, the personal activity of the worker, the continued subordination and the recognition of a salary as remuneration for the service; and which therefore violates all the rights to social benefits, holidays and more that are part of the employment relationship,but which is not recognised for people who fulfil the requirements of the real contract precisely because of its condition of employment relationship as a contract for the provision of services Finally, it is important to establish the rights that are acquired and/or the qualities of the persons hired for the provision of services by recognizing their true labor rights and social benefits in accordance with Colombian labor legislation.