El contrato de prestación de servicios y la configuración de la relación laboral

Abstract

The contract for the provision of services signed by the State Entities with natural persons for the development of activities related to the fulfillment of the functions assigned to them is a tool that the contracting law has granted them, with some fundamental characteristics such as the temporality and autonomy of the contractor, however, frequently comes to become denatured, configuring a true labor relationship, characterized by the subordination of the employee, and as a consequence, rights employment such as social benefits.

For this reason, it is important that both the administrative operators and the contractors, be clear about the aspects that differentiate employment contracts with contracts for the provision of services, in order to avoid improper use that could generate fiscal and disciplinary consequences for public entities and the officials in charge of linking and supervising the contractors. Well when a disguised employment relationship is set up in a contract for the provision of services is brought to light in addition to the ignorance of the law and its inadequate application, the lack of planning and direction for the fulfillment of the purposes of the state as is the organization and autonomy to structure the entities in a that they can functionally fulfill their tasks.

State entities are in charge of developing functions that seek provide solutions to the basic needs of citizens and the provision of services that allow to satisfy the general interest of the population, for which, Constitutionally, they have been endowed with a structure that allows them to comply with the objectives for which they were created, having as main agent the talent human, which is linked through different figures such as public competition for the provision of jobs, which is the general rule, appointments in positions of free appointment and removal, provisional links, and employment contracts for official workers.