El derecho al trabajo y el contrato de prestación de servicios en las entidades públicas en Colombia

Abstract

The right to work has been consigned in our constitutional, legal and jurisprudential scope as a fundamental right that deserves special protection by the different branches of public power. One of the effective ways by which the protection of the right to work has been manifested, has been through the legal recognition of the privileged employment relationship that exists within the different contracting modalities, which implicitly contain an employment relationship. This inclusion is of great social, political and economic importance in our domestic legal environment, since we do not enjoy the benefits provided by the welfare state to its citizens, but we are in a social state of law with meager guarantees for the worker, who, faced with the contingency of unemployment, hardly has the economic means to survive. For this reason, it has become necessary to ensure that labor legislation reflects the prevailing social reality we live in, giving special protection to the rights of workers immersed in legally binding agreements that are actually civil, commercial or with public sectors bodies.