It has to do with the contracts for the provision of services and there are three reasons why the directive of the Gustavo Petro government continues without being executed.
This was announced by a confidential Semana, referring to the order that the National Government gave, since the beginning of 2023, not to sign service provision contracts for more than four months in State entities, since the idea is to give stability to workers and name them plant.
The magazine says that it consulted with several entities and “all are hiring personnel” for the provision of services “for more than 10 months”, which means that the president’s measure is not being complied with and there is at least a six-month difference between what ordered and what is going on.
In the aforementioned investigation, the outlet found that the three reasons why State entities continue to hire under this modality for longer than the one ordered by the president of Colombia has to do with money, the 2023 elections and a legal concept.
Plata: The budget assigned to the entities for 2023 “does not contemplate the costs to transfer to the plant all those who are contractors today,” says the confidential.
Elections: For the elections to elect mayors, governors, councilors and deputies there is a Law of Guarantees, between July 29 and October 29, 2023, and the entities needed to “make sure they have the staff for the whole year.”
Legal concept: “indicates that the limitation cannot be placed [del tiempo del contrato] because ‘a prohibition and limitation is imposed that is not contemplated in the law,’” the publication pointed out.
In this regard, lawyers have also affirmed that prohibiting contracts for the provision of services could be an unconstitutional measure, because it is impossible for an employer not to have workers under this modality, since in some cases it is necessary. Camilo Cuervo, from the Cuberos Cortés Gutiérrez firm, also told Legal Affairs that “to say that in a contract it is bad just because it is the provision of services is anti-technical.”