Labor outsourcing as a way to undermine labor rights

Abstract

The demands of the labor life of the 21st century have caused traditional labor relations to be subverted by the implementation of a legal figure called labor outsourcing. This article exposes the normative implementation that the Colombian State has granted to the aforementioned work form, with the purpose of allowing a scope in the field of flexible work with a view to productivity and utility, but under a margin of conditions. Subsequently, reference is made to concepts of both the doctrine and Colombian constitutional jurisprudence, in addition to that referred by the International Labor Organization (ILO), in order to support the theory that has maintained the latter, which refers to an orientation of the correct use of outsourcing, because otherwise, they could be disguising or concealing true working relationships, which may involve sanctions or fines by the labor inspector and convictions by labor judges.

In this way, the reader is presented with a concept of balance, that is, in terms of labor outsourcing, the search must be oriented towards a fair balance of flexibility, stability and security, to adapt to structural changes and the need to implement criteria that give confidence to the workers, as well as, that in the development of this a policy of changes with protection is generated, in search of means to combine the postulates to which reference has been made.