Editor TLN
During the last quarter of 2022, the National Government proposed to replace the contracts for the provision of services by the figure of temporary jobs, aimed at fighting against job insecurity and the privatization of public employment.
(Temporary jobs would replace contracts for the provision of services).
For this, through the Public Function, the Government presented a proposal aimed at changing the contracting model in national and territorial entities. Thus, on December 30 of last year, the guidelines for the execution of the Public Employment Formalization Plan were issued, name by which this program is known, which came into effect on January 1, 2023.
These guidelines were issued through a joint circular and are addressed to the bodies, agencies and entities of the central and decentralized sector of the Executive Branch of the national and territorial order.
The letter warns that the formalization of public employment will be promoted taking into account four mechanisms: the first establishes the provision of all positions of existing and vacant personnel plants; the second, the expansion of existing personnel plants, provided that the technical and financial conditions so allow.
The third refers to the creation of temporary plants in equity, with meritocratic criteria and vocation of permanence; Y, The fourth mentions that rational use will be made of the contracts for the provision of services, exclusively attending to what is established in the law and in judicial decisions.
(Pros and cons of eliminating contracts for the provision of services).
Among the guidelines, the recommendation to the entities to bind by contract for the provision of professional services and management support, only the personnel they consider essential, stands out.
“Direct contracting through the contract for the provision of services and management support must have a term of four months, during which period the bodies, agencies and entities of the executive branch of the national and territorial order must prepare the required technical studies and establish the necessary and sufficient temporary staff to meet the missionary and administrative needs that are required”the document points out.
In addition, it warned that the bodies, agencies and entities of the Executive Branch of the national order must propose both temporary staff plants in equity as the reorganization of its internal structures.
(The new rules on the contract for the provision of services).
In this line, the circular indicates that the entities must take into account the fundamental and essential objective of the Government of “Colombia world power of life”, this will materialize through the “Biomanagement”a model that guarantees and protects all manifestations of life, and that is in tune with the principle of good administration.
The circular urges entities to carry out this technical exercise of administrative transformation with a direct and effective rapprochement between citizens and the State.
The National Planning Department (DNP) will provide the necessary technical advice so that the resources of the investment projects, which currently finance the contracts for the provision of services, leverage the creation of temporary plants.
Although it is the Ministry of Labor itself that has promoted the replacement of service provision contracts, The portfolio found objections to the guidelines and warned that the budget viability of the Ministry of Finance must be available for the execution of the plan.
In a letter sent to the Legal Secretariat of the Presidency, the Ministry of Labor stated that It is almost impossible to formalize public employment in four months.
Finally, he proposes a process of progressive formation.
Mintrabajo letter.
BRIEFCASE
