Exigibilidad de contrato de prestación de servicios y el contrato laboral en Colombia con la aplicación del decreto 806 del 2020

Abstract

The objective of this document is to analyze some aspects of a legal, doctrinal and jurisprudential nature regarding the REQUIREMENT OF A CONTRACT FOR THE PROVISION OF SERVICES AND THE LABOR CONTRACT IN COLOMBIA WITH THE APPLICATION OF DECREE 806 OF 2020 by the labor judges in Colombia. With the application, enforceability of service provision contracts, reality contract, and labor contract we see labor lawsuits as all the judges of the country must join the decree 806 of the transitional 2020 for a period of two years where the procedural rules that were handled are modified by labor judges and civil judges from their general process codes and the labor procedural code. Contracts before they arise from the labor relationship between the State and individuals or between individuals, the above means exposing a series of questions about why, how, when they should be demanded, and recognizing labor rights in the context of a relationship of provision of services or when there is actually a contract for the provision of services but without payment of fees. In the development of this research, it will be carried out with a qualitative methodology based on the analysis of the jurisprudential, regulatory and doctrinal approaches in the matter of contracts for the provision of services and labor contracts by the honorable Constitutional Court and by the Council of State, current legislation