La Encrucijada Jurídica De Las Relaciones BORRAR

Abstract

In the research paper, an analysis and recount of the normative and jurisprudential background of the contract for the provision of services, the configuration of undercover labor relations, the mixture of forms of personnel hiring that exist in the Social Enterprises of the State and the crossroads in which these entities find themselves in order to comply with the inclusion in the human resources plan of all the jobs that perform functions typical of the entity's normal and permanent line of business. In first place, a review of laws, norms and jurisprudence was carried out to clarify the legal context of the OPS contracts, and the current contract, then an ESE was taken as a sample where a succinct and global investigation was carried out for the current year, to collect data on personnel, forms of contracting, characteristics of the obligations, mission of the entity origin and operation, annual budget and expenses; it is clear that there are vices in the contracting of personnel, thus configuring undercover labor relations, however, to completely change this unfair scenario subjects the entity to the risk of financial imbalance, which is why it is necessary for the State to grant the partial subsidy to the offer within the model of the current Social Security Health System in order to comply with the jurisprudential order ratified by the Council of State last September 2021 in this regard.