Publicación:

El reconocimiento de empleado público a los contratistas por prestación de servicios de la administración pública en el territorio colombiano

Resumen

The recognition of the public employer to the contractor of the state by the Council of State, is the subject to be developed in this legal monograph. Which has led us to understand that the jurisprudence of this Court declares in their presentation of judgments, the primacy of reality over formalities in contracts for the provision of public services, contrary to the Constitution of administrative labor law, by denying the principle of The equality in the labor relationships; distinguishing feature of this issue is the constitutional connotation of administrative labor law through the social rule of law, which ensures the observance of workers' rights and respect for their conditions, as set out in articles 1, 13, 25, 53 and 122 of the Political Constitution of Colombia, some of which have been violated by the Constitution. Council of State, creating the famous train crashes with the Constitutional Court, studied from a dogmatic developed in the methodological justification of this work, descriptive type, in which it was possible to identify dissimilar rulings of the Constitutional Court with similar factual and evidentiary circumstances, which are pronounced contrary to the economic and legal interests of service providers.