Cotejo laboral y seguridad social de taxistas

The profession of taxi driver in the Colombian legal system is well defined by the executive, legislative and judicial public powers, regulating how the land transport service must be covered by all labor rights and guarantees and social security without evasion or avoidance of the constitutional and legal obligations that protect any job in Colombia. But the contrast between what is established in the internal order and reality reveals how the work of the taxi driver is deprived of the minimum guarantees of the right to work and social security, which ultimately ends up resolving the legal conflict in the courts through the rulings of the judges in the ordinary labor jurisdiction, applying article 23 of the Substantive Labor Code, which configures the personal provision of service, subordination and remuneration, or in the case of a simple camouflage of the labor relationship through a contract for the provision of services in the context of civil or commercial law. Likewise, the precedent of the Constitutional Court has been clear about the way in which the labor and social security rights of drivers in the yellow union are violated. In this sense and placed in the possibilities that arise from the analysis raised in relation to the modality of this activity, there could be critics of the law, researchers, teachers and citizens who consider this activity as one within the orbit of labor law and those who are located in the field of civil law, and specifically, in the contract for the provision of services and who can focus on affirming that, in this activity, the element of subordination and even remuneration or salary is absent. It is then necessary that through doctrine and constitutional and judicial jurisprudential precedent that reveals the true contractual links to guarantee labor rights and coverage of the comprehensive system.

• Autores: Umaña Pérez, Andrés Mauricio
• Tipo de recurso: Trabajo de grado de pregrado
• Fecha de publicación: 2024
• Institución: Corporación Universidad de la Costa
• Repositorio: REDICUC - Repositorio CUC
• Idioma: spa
• OAI Identifier: oai:repositorio.cuc.edu.co:11323/13761
• Acceso en línea: https://hdl.handle.net/11323/13761; https://repositorio.cuc.edu.co/
• Palabra clave: Prestación de servicio; Primacía de la realidad; Relacion Laboral; Seguridad social; Servicio público; Service provision; Primacy of reality; Employment relationship; Social security; Public service
• Rights: openAccess
• License: Atribución-NoComercial-CompartirIgual 4.0 Internacional (CC BY-NC-SA 4.0)