El acto administrativo motivado: cimiento para la desvinculación del servicio de un empleado público en provisionalidad

Abstract

To carry out the different tasks that are specific to the administration recruitment is necessary, in which a working link between these people (employees) and management is clear; link should not ignore labor rights of these, on the contrary should guarantee respect for the rights to the stability and unjustified, capricious or discretionary tenure upper, as administrative tasks must be performed in an impartial manner obeying criteria legality and common good and not non-political or personal convenience. At the discretion of the Constitutional Court, based on Law 909 of 2004, and an official has been linked previously, ie before the entry into force of this law, when the rule regulating the theme was Law 443 of 1998, where there had been expressly established the obligation to justify the administrative act of untying interim, with that legislation does not change the situation and this is confirmed by the constitutional line of jurisprudence. On the other hand, to the State Council on the understanding that the Act and its implementing Decree 909, the terms of the duration of temporary appointments were established by noting that they can not exceed the statutory six months, then you must call the employment competition, and the appointment will be provisional contract may extend until the contest is completed and the employee takes office property you have won the contest, only may terminate before this by a reasoned decision, but if the employee joining the administration before the entry into force of Law 909 of 2004 is not necessary to motivate the act by which he split.