Resumen

MORENOMELO, MARITZA NATHALY. Labor Stability of Provisional Workers in Colombian Government Entities. Estud. Socio-Juríd [online]. 2023, vol.25, n.1, e03.  Epub 12-Oct-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.

Palabras clave : Provisionality; public servant; job stability.

        · resumen en Español | Portugués     · texto en Español     · Español ( pdf )