Alcance del elemento subordinación en el contrato realidad: Construcción de una línea jurisprudencial de las decisiones de la Corte Suprema de Justicia

Abstract

Through this article is presented the case-law of the Labour Chamber of the Supreme Court, regarding the scope that this Court has given to the subordination element in the events in which is intentded to configure the contract reality, having as the main legal source the elements that have bee established by the Labour Law, that correspond to those contained in Article 23 of the Labour Code (CST), in order to present which elements have bee jurisprudencially considered as part of the sobordination in contractual relations. This analysis reflects the fear of many companies to enter into contracts of service provision, because these could become labor contracts, or subscribing contracts referred as to service provision agreements pretending to undermine their labour nature, abusing of this contractual figure.