¿Cuáles son las ventajas y desventajas de las cooperativas de trabajo asociado, en relación con las normas que rigen la contratación laboral en Colombia?

Abstract

This monograph analyzes the policy development of the Worker Cooperatives in Colombia, from the moment of its creation with the law 79 of 1988 and subsequent reforms have demonstrated its evolution. This policy framework, which accredits the way the state has faced inadequate interpretation different actors have to regulations to take advantage of a system whose importance is recognized by the International Labor Organization (ILO) at the 90th conference convened in June 2002, whose main theme was the establishment, job creation, resource mobilization and investment generation, as well as contribute to the economy of countries. So the protection of labor rights, pursued by domestic and international law, is assured as the system evolves on its way to adapt to everyday reality. The doctrinate Miguel Pérez Garcia, in his book: "The temporary service and other forms of recruitment" calls attention to the nature corresponding to worker cooperatives because they have repeatedly engaged in activities that denature their practice and their relationship as it pertains to the employee cooperated to the extent that this relationship is often confused with the role of an employee. Which brings difficulty to differentiate when compared to finding another worker. In the same text the author highlights the way the I.L.O. urges governments to promote the development of core labor standards of this organization, and its declaration on fundamental principles and rights at work, thus involving all cooperatives workers. In the same way, another call of attention to states sought to prevent the creation or use of cooperatives that were intended to avoid the current labor legislation, thus contributing to a disguised employment and thereby violating the right of workers. It is important to note that these emerging countries, including Colombia, to compete in international and global markets, require submission to the international treaties on labor law, ensuring compliance with the universal principles of labor law.