Con la nulidad del contrato de prestación de servicios y el reconocimiento de un contrato realidad, judicialmente nacen acreencias laborales que son imprescriptibles

Abstract

The present research work is developed in three chapters, to solve the problem question and conclude, through descriptive analysis and the historical context, until comparing the laws, decrees and jurisprudence, the OIT recommendations, reaching the last ones (2) judgments of the Consejo de Estado, in order to demonstrate the violation of the principle of equality in the face of the imprescriptibility of labor debts in the reality contract in Colombia. In the first chapter entitled "Labor claims" a broad definition of social benefits is made and the principle of reality on the forms is determined, where labor claims come into legal life at the time the contract is recognized through the courts. Within the second chapter we refer to the imprescriptibility, legal aspects and characteristics, once the employment relationship is recognized by means of a sentence, the certain and indisputable rights and the certain and debatable rights become enforceable. Therefore, it is from the judicial act, when the time begins, for the prescription of recognized labor debts, within them, including payments to pension and health contributions, which are imprescriptible. In the third chapter, the legal effect of imprescriptibility in the actual contract is developed, analyzing two judgments of the Consejo de Estado, noting that, currently, judges partially recognize labor claims, in any type of employment contract, in demonstration of labor relations dictated by court rulings, which declare a contract reality. Meanwhile, the concept of prescription is addressed, the meaning of the imprescriptibility of labor claims to which the worker is entitled, the history and regulations of the employment relationship and its claims, going so far as to propose a reform so that no labor claim prescribed, and the worker can claim at any time.