Las E.S.T. y la suplantación del contrato en misión

Abstract

Temporary or Mission employment has become more than alternative employment, a precariousness of workers hired under this modality since temporary services companies and user companies have forgotten the regulations governing this matter in Colombia, therefore they commit all kinds of abuses such as ignoring the labor relationship that must exist between the user company and the worker hired in Mission to disregard the social security and occupational health factors, to mention just a few of the guarantees that are unknown to the worker, since the worker on Mission is hired by the EST, under a contract of fixed, indefinite term or by work which gives rise to an employment relationship, but the contract that arises with the user company is merely of subordination in favor of the user ignoring what is stipulated in article 74 of the law 50 of 1990 and the regulatory decree 24 of 1998 in the same way the constitutional court ruled in this regard in judgment T 641 of 2008 due to the different problems that arise due to the constant violation of worker rights through the simulation of contracts. For that reason, this work has the purpose of investigating and evidencing if the EST ASAP, allegedly violates the hiring rules with respect to the personnel hired on mission, at the time of supplying workers to CONSORCIO SIM, by the same token, to evince if the CONSORCIO SIM, which exert public functions are complying with the contracting way stipulated in Contract 071 of 2007 and current labor regulations. Keywords: Mission, employment, social security, temporary services, regulations governing. EST, CONSORCIO SIM, precariousness.