La Flexibilización Laboral en el Uso de los Contratos de Prestación de Servicios y sus Implicaciones para la Gestión de Recursos Públicos en la Alcaldía de Tunja años 2018 a 2020

Abstract

This report presents the potential condemnations against Mayoralty Office of Tunja, between 2018- 2020 period, where labor relations have been disguised under the Service Provision Contracts shape. It investigates if this contracting practice constitutes a labor shape flexibility for administrative career system and merit as a personnel selection mechanism at public sector yet. An analysis of these modality contracts, their characteristics, coherence concerning and utility for the impact, may imply on the public function, public resources, purposes of the state contract, administrative budget, and the guarantees labor to contractors is conducted. It´s determined if the "Reality Contract " is effective in remedying the rights infringed by the employer on this context. On the other hand, it seeks to analyze if the engagement of Service Provision Contracts is discretionary by the legal representative of the Entity, which could lead to a concurrence between the contractor and the contractual object, contravening the principles of administrative morality and the public administrative principles of transparency, efficiency, and administrative effectiveness. On this matter, from this research and information analysis work, a proposal is presented that isn’t just applicable to Mayoralty Office of Tunja, so, also can be implemented by all other public entities.