Resumen

Colombia is a social state of law that is characterized by its broad and constant issuance of legal norms. However, despite having a heavy regulation in almost all aspects that revolve around people's socio-legal relationships, there are social realities that the norm does not manage to foresee. For this reason, for the advancement and legal updating of the interpretation by the constitutional bodies of the provisions of the constitution and the law, the foregoing is important in accordance with the social changes that occur and generate new legal needs. Among these realities not provided for in the law are those related to the employment relationship of what were once called "community mothers and fathers." These educational agents execute the program of Hogares Comunitarios de Bienestar (hereinafter, HCB), headed by the Colombian State through the Colombian Institute of Family Welfare (ICBF). Legally, a direct link between educational agents as workers is not established with the ICBF as employer, thus generating a situation of labor outsourcing through the signing of contribution contracts with intermediary entities. Therefore, this project seeks to propose theoretical references based on the claims made by the courts of community educational agents. To achieve this, we start from the analysis of the normative criteria and the jurisprudence of the Constitutional Court of Colombia in order to reveal the labor relationship that has been generated with the State from the HCB program.