Regulación por parte de la corte constitucional sobre la situación jurídica de los funcionarios públicos contratados bajo la modalidad ocasional

Abstract

Hiring by occasional modality is a consecrated legal figure within our legal system, whose purpose is to hire a person to provide a service, whose purpose is to carry out unusual activities for a certain period of time; This modality operates both in the private and public spheres, however in the matter that concerns us, and with a focus on the public sector, it is necessary to analyze the use that is given to occasional hiring within the different public institutions of our country. country, so that in this way the improper form and the misuse that is given to it can be determined, that is to say to demonstrate the abuses and arbitrariness committed by the administrative authorities of the different public institutions due to the precarious and insufficient regulation that exists of contracts by occasional modality. In addition, it is necessary to determine the main problems that occur and the situations that are generated due to the misuse of this legal figure, especially for public servants hired under the aforementioned contractual modality, who are directly affected by the evident violation of their rights. Constitutional rights. For this, a deductive and inductive methodology will be used, as well as an analytical-synthetic one, since the problem will be studied in depth, collecting data and information so that the presence of abuse by the public administration towards public servants hired under the occasional modality.