Contratación de entrenadores en institutos deportivos departamentales: ¿desconocimiento del principio de primacía de la realidad sobre las formalidades y vulneración de derechos laborales?

Abstract

In this article the objective was to establish to what extent the form of recruitment of sports coaches who provide their services to departmental sports institutes ignores the principle of primacy of reality over formalities thus violating their labor rights. To achieve this, four actions were carried out, first, the different modalities of personnel hiring in the public administration were exposed; second, the characteristics of the principle of primacy of reality within the Colombian legal framework were presented; third, it was identified as an example the way in which the coaches have been hired by the Departmental Sports Institute of Valle del Cauca; and, fourth, the way hiring coaches was evaluated by those of departmental sports institutes for stable if in fact it does not know or not the principle of reality and violates their labor rights. Finally, it is concluded that some sports institutes are violating the rights of their coaches by not contracting according to what Colombian regulations require; this leads to these institutes distorting the form of hiring, generally in search of certain economic advantages that could represent greater profits; however, they run the risk of incurring economic expenses generated by fines and indemnities, as a consequence of not acting in accordance with the provisions of the law