TY  - JOUR
T1  - Contrato de prestación de servicios: Difícil delimitación frente al contrato realidad
A1  - Benavides, José Luis
PB  - Universidad Externado de Colombia
YR  - 2010
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000383492
AB  - Current management instrument for public administration, the contract for the provision of services is neatly distinguished from labor relations of public
servants. The autonomy of the contractor, the specialty of its management
and the exceptional nature of the contract which characterized it constitutes,
however, elements of difficult practical implementation. The amplitude of
benefits of the contractual object generates fuzzy boundaries with other
types of contracts, and the links of the contractual object with essential administrative
functions of the contracting entity are ambivalent. In principle
its exceptional nature excludes the possibility of the contract in cases where
are similar functions in plants of staff, but the exception is not absolute and
the propensity to compensate the reduction of plant contracts of service is
always there. Moreover, the constitutional principle that privileges the reality
of the labor relationship, if there is subordination by the service provider to
the contracting entity, finds significant limitations for implementation compared
to other principles equally constitutionals, requiring respect for ways
in involvement of public servants. The difficulty in the characterization of
these different elements of the contract and weighing of principles is reflected
in case law, which until now has not allowed the delineation of clear lines
of orientation, although recently highlighted progressive decisions of the
�Consejo de Estado� in protecting the rights of contractor�s workers.
KW  - Contrato de prestación de servicios
KW  - contrato realidad
KW  - contrato estatal
KW  - prestaciones sociales
KW  - indemnización
KW  - reparación
KW  - Contract for the provision of services
KW  - actually contract
KW  - State contract
KW  - social benefits
KW  - compensation
KW  - repair
ER  -