Responsabilidad de contratistas independientes frente a trabajadores en misión en la tercerización laboral

Abstract

The figure of labor outsourcing is a type of work, in which workers are not hired by the company to which they provide their services, but on the contrary, a third party assumes the position of employer, and offers the services of their worker to a company called "independent contractor", who was initially believed not to have any kind of bond or obligation with the worker. Through this investigation, we seek to analyze the jurisprudence issued by the Constitutional Court in Colombia, regarding the responsibility of an "independent contractor" who requests the provision of services to a worker on mission under the modality of labor outsourcing. The type of investigation that will be blocked is inductive and descriptive because it will be based on the search for different sentences of the Constitutional Court, to understand in more detail the responsibility that independent contractors have against a worker on mission. Finally, it is hoped with this investigation to verify that the rights of the workers on mission are respected, both by their worker and by the independent contractor, and that in the event that they are being violated, the Constitutional Court as the highest body of defense of the rights of citizens enforce the provisions of the Political Constitution of 1991.