El contrato de prestación de servicios como herramienta de precarización laboral en la administración pública colombiana: análisis normativo y jurisprudencial

Abstract

This thesis analyzes the use of “service provision contracts” in the Colombian public administration as a factor contributing to labor precariousness, in contradiction with the constitutional principles that govern public employment. Based on a qualitative approach and documentary analysis of laws, jurisprudence, and specialized literature, the study examines the legal limits of this contractual figure, the criteria that reveal its distortion, and the legal, social, and institutional consequences resulting from its irregular application.

The research shows that although the service provision contract was originally conceived as an exceptional tool to meet temporary and specialized needs, it has been systematically used in practice to fulfill permanent functions within the state apparatus, leading to disguised employment relationships that violate fundamental rights such as job stability, social security, and the principle of equality. This situation has led to the establishment of parallel payrolls, the erosion of merit as a criterion for public employment, and the weakening of institutional legitimacy.

Through jurisprudential analysis, the study highlights the contributions of the Constitutional Court and the Council of State in developing the concept of “real employment contract” as an instrument of substantive justice. However, it also identifies the limitations of judicial control, which operates in a corrective and case-specific manner and has failed to produce structural change in public sector contracting practices.

The thesis concludes that the misuse of service provision contracts constitutes a mechanism of labor flexibilization and precariousness in the Colombian public sector. Addressing this issue requires the implementation of a comprehensive public policy for formalizing public employment. Such a policy must integrate legal, administrative, and cultural reforms to align the public management model with the mandates of the Social Rule of Law, ensuring fair and decent working conditions for all individuals serving the State.