Abstract

RAMIREZ-BUSTAMANTE, Natalia  and  ROSAS, Juan Felipe Parra. Labor Selection Processes Without Rules. The Regulatory Void of the Pre-Contractual Stage in Labor Law and its Analysis in Colombian Jurisprudence. Rev. Derecho Privado [online]. 2026, n.50, pp.119-146.  Epub Feb 27, 2026. ISSN 0123-4366.  https://doi.org/10.18601/01234366.50.05.

The recruitment process and everything that precedes the signing of an employment contract in Colombia, as in many other countries around the world, is not regulated. This gap, which has been addressed in various ways across different jurisdictions, has seen a novel jurisprudential development in Colombia. This article compiles and systematizes the rules developed by the Constitutional Court and the Supreme Court of Justice regarding the pre-contractual stage of employment relationships and discusses their implications. It also offers some key elements that a regulation of this period should include.

Keywords : Selection processes; pre-contractual stage; labor law; employment discrimination; employment contract; employment law.

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