El contrato de prestación de servicios y su abuso en el sector público Colombiano
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In Colombia, human material is indispensable for the optimal functioning and development of activities in the public administration, and they are directly responsible for creating and updating processes for the structuring of policies that allow the efficient execution of the duties of the Colombian State with respect to the community. In our country, and starting from the Constitution of 1991, the parameters over which the public function should be governed and specifically the way in which human resources should be directed were established, which at present is deeply distanced from what was determined at some time. Thus, those in charge of carrying out the public function covered by a protectionist labor regime are being progressively replaced and marginalized by the excessive and abusive use of the institution of the Contract for the Provision of Services, which by its nature should only be used when the activities to which it is intended to comply cannot be carried out by the personnel that make up the administrative staff. The denaturalization of this contractual modality has taken great relevance due to the excessive use that has been given to it in the different public institutions, all this with the fulfillment of a globalized policy of administrative restructuring, linking the personnel as independent contractor, but unloading on them, functions and daily activities of the institution's need, in this sense, it is possible to affirm that they would be ignoring the parameters under which the figure was conceived, to such an extent that public entities have been identified in which the number of contractors surpasses the number of jobs of the personnel plant.