When you are starting to enter the labor market, an issue that should not be overlooked is the hiring model. In Colombia, there are different types of contracts: fixed-term, for work or work, occasional, indefinite and for the provision of services.
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The latter is one of the most common and consists of an agreement between two parties (contractor and contractor). for one of them to provide a service in exchange for remuneration. Both must voluntarily establish the conditions for the provision of said work.
This type of contract is regulated by the law 80 of 1993 in its article 32 and the absence of subordination is characterized. That is, when an agreement of this nature is concluded, the contractor has full autonomy for the development of the contracted service.
Furthermore, there is no payment of social benefits or any of the labor benefits to which dependent workers are entitled.
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Both direct and indirect labor relations have increased.
Can you change your nature?
According to Ámbito Jurídico, a portal specialized in legal issues, a contract for the provision of services could change its categorization if three constituent elements of an employment relationship are verified. These are: the personal provision of the service, remuneration and continued labor subordination.
Keep in mind that the above is partly explained because the difference between the employment contract and the provision of services is precisely the element of subordination or dependency.
If verified, this would constitute the right to payment of social benefits in favor of the contractor. In other words, if the existence of an employment relationship is recognized, the economic labor rights of those who were linked under this modality could be recognized. However, it is clarified that this does not translate into being granted employee status.
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Contracts.
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Now, Jackson Alejandro Peláez, lawyer at the Universidad Libre, delved into this topic through his TikTok account. According to the expert, If these conditions are demonstrated, the guarantee of social benefits could be requested.
“The contract for the provision of services is a civil agreement, you can only charge the fees agreed upon in the contract and that’s it, but be careful, if they make you follow a schedule, you are subordinate, you receive constant orders, you treat them like a worker and “Not like a contractor, you can sue and prove that it is really an employment contract and collect social security and social benefits that are bonuses, vacations, severance pay, interest on severance payments for all those concepts that you have stopped receiving.”Peláez explained.
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