Abstract

MORENOMELO, MARITZA NATHALY. Labor Stability of Provisional Workers in Colombian Government Entities. Estud. Socio-Juríd [online]. 2023, vol.25, n.1, e03.  Epub Oct 12, 2023. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.12061.

The objective of this article is to present the analysis of the job stability of provisional workers in Colombia's public sector in Colombia, for which a qualitative methodology based on a documentary review of the regulations and theoretical aspects related to the terms was used under the implementation of a paradigm of a historical-hermeneutical nature, with a descriptive and analytical type of investigation in which the positions of the Council of State and the Constitutional Court are considered. Results indicate that work is a fundamental right protected by international legal provisions, where provisionality has been regulated since 2004 by Law 909, which alludes to charges that imply temporary separation. There is a fundamental jurisprudential dispute between the Council of State and the Constitutional Court regarding the dismissal reasons of those who are provisional; although it is stated that a public servant declared non-subsistent through an administrative act that has grounds can be dismissed, the guarantee of their rights does not really issue a clear position especially on the part of the Council of State. For its part, the Constitutional Court reiterates the importance of restoring the rights of public servants appointed provisionally.

Keywords : Provisionality; public servant; job stability.

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