Derecho a la estabilidad ocupacional reforzada en los contratos de prestación de servicios del sector privado en Colombia

Abstract

The right to reinforced occupational stability in Colombia is a mechanism to protect the vulnerability of the worker and the guarantee of labor equality through the fulfillment of basic decent conditions provided by the employer. This concept has been built and evolved thanks to the recognition of the need to protect and guarantee fundamental rights, since in recent years through international treaties, regulations and jurisprudence, it has been sought to protect workers who are in a situation of manifest illness or some condition of vulnerability. However, in relation to the protection of people who sign a contract for the provision of services, a differentiating element is recognized because this type of contract has unique elements such as the lack of subordination to develop the work activity and the contractual freedom. Due to the aforementioned, this qualitative-descriptive research work seeks to identify, through a jurisprudential analysis, if there is constitutional protection in the private sector for service provision contracts and if said protection has constitutional and legal recognition.