La pérdida de fuerza de ejecutoria de los actos administrativos y el fuero sindical de los funcionarios públicos del Hospital Universitario del Valle Evaristo Garcia

Abstract

This article has been focused on two concrete situations presented among the officials of the Valle del Cauca University Hospital "Evaristo García" after the reorganization process approved by the Superintendence of Health who, by virtue of the state of fiscal, financial and economic risk, accepted the Promotion of a Restructuring of Liabilities Agreement by means of Resolution 003207 of October 25, 2016, entailing, with this, the issuance of Agreements 020 and 021 of October 26, 2016 by means of which the deletion and modification of charges for the plant were ordered of personnel of the Hospital Universitario del Valle, who after considering that they were dismissed unfairly, some of them promoted actions of guardianships and union proceedings, in order to obtain the protection of their fundamental rights, their status of graduated and consequently the reinstatement to the position they had been carrying out and the payment of salaries, social benefits is and other emoluments left to perceive

In the course of the procedure advanced by the contentious administrative jurisdiction, and the ordinary jurisdiction presented two interesting phenomena, the first of them the effects of the decline of the administrative act and the second the abuse of trade union rights, situations that will be analyzed in the development of the present article.