La vulneración de la dignidad humana frente al acoso laboral en contratos de prestación de servicios en el sector público colombiano: un análisis desde el derecho administrativo

Abstract

This article focuses on the analysis of workplace harassment, specifically in the context of service contracts within Colombian public institutions, adopting an approach rooted in administrative law. Specifically, it examines the complex relationship between the legal nature of these agreements—characterized by the contractor’s independence—and the actual experiences of subjugation that could lead to acts of workplace harassment, directly undermining the fundamental right to human dignity. This study identifies the legislative gaps in Law 1010 of 2006, focusing on its formal ineffectiveness for government contractors, and evaluates how constitutional jurisprudence has acted to address these deficiencies by applying principles such as the primacy of reality over formality. Likewise, it examines the duty of the public administration in these scenarios, in light of the principles of legality, equality, and administrative function. Accordingly, legal tools are proposed to strengthen contractors’ legal defense against workplace harassment. These are based on a review of the current regulatory context and also on an assessment of everyday working conditions.