Teleworking as a Form of Massive Recruitment in the Colombian Youth Labor Market

Teleworking as a Form of Massive Recruitment in the Colombian Youth Labor Market

Cristian Camilo Vargas Miranda (Universidad La Gran Colombia, Colombia)
DOI: 10.4018/978-1-7998-2779-5.ch008

Abstract

The labour market has brought new mutations with the impact of globalization, the changes that have been taken internally in the face of the labour law, the recommendations and new conventions that have arisen within the International Labour Organization (ILO), and even with the environmental policies taken by states concerning the climatic phenomena that have been presented in recent times. The technological changes inherent in globalization, the expansion of the economy and the general market between states, and the subscription of free trade agreements have generated modernization in the face of the natural conception of the world of work, thus allowing the flexibility in the existing contractual modalities in labour law of Colombia.
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Introduction

The labour market has brought new mutations with the impact of globalization, the changes that have been taken internally in the face of the Labour law, the recommendations and new conventions that have arisen within the International Labour Organization (ILO), and even with the policies Environmental taken by States concerning the climatic phenomen that have been presented in recent times.

The technological changes inherent in globalization, the expansion of the economy and the general market between States, and the subscription of Free Trade agreements have generated modernization in the face of the natural conception of the world of work, thus allowing the flexibility in the existing contractual modalities in labour law of Colombia.

One of these modalities has been teleworking, understood under the natural conception of this, i.e. the possibility of transporting work to the worker and not as it operates under the linear production system; This measure goes back to the hydrocarbon crisis of the 1970s, where it became a need to avoid the displacement of workers to their work sites to avoid fuel consumption, taken as a pilot within the primitive development of computer science and new technologies, taking in the same way boom in terms of special conditions of the worker, and allowing In the same way, a contractual easing both in times of displacement of the workers, and in the forms of development of the work in front to work spaces on the part of the employers

Taking as reference the definition issued by the International Labor Organization in relation to teleworking, where it is established that it is “A form of work in which: a) is carried out in a location away from a central office or production facilities, thus separating the personal contact worker with working colleagues who are in that office and, b) The new technology makes this separation possible by facilitating the communication “is that this modality is spoken in Colombia until the year 2008, where following the incursion of the new communications technologies (ITC) and the need for the regularization of this contractual behavior, it gives rise to the Law 1221 of 2008, thus seeking to establish minimum patterns of regularization of this new contractual modality.

In the same way it is possible to talk about modalities derived from the form of teleworking to perform the functions for which it was subscribed the contract of employment, and likewise, without losing the essential characteristics of the contract of employment, and respecting in the same way, the conditions minimums of a working relationship.

However, the implementation of teleworking in Colombia has not been alien to intrinsic problems that entail a new working methodology, as with the emergence of new ITC's, it becomes a necessity for the national government to regulate this existing regulation, and that is why, through Decree 884 of 2012, it is pursued to seek a harmony between the teleworker-employer relationship, and likewise, to establish the field of application of teleworking, all this, without disregarding constitutional guarantees granted within of the 1991 Political Constitution.

The great advantage of the development of teleworking in the face of the working modalities existing in the legislation, and which makes a trend, it is in the benefit of both the employer and the worker, understanding the benefit to the employer in reducing operational costs and administrative in terms of locations, and for the worker, as to the disposition of their working time and the increase in productivity, which could be understood as a “win-win” relationship within the employment relationship.

As for the emergence of this contractual form, for the labour market of the young people has become one of the alternatives of search of employment, because, by increasing operational costs, poor implementation of public policies, and lack of job offers, it leads to the consideration of hiring young people, introducing them in the active labour market, however, in a way contrary to the law and the constitutional principles. And this is where, through the present writing, it is intended to demonstrate the irregularities in terms of the forms of application of teleworking, not so much as the original contractual modality, but, in turn, as it operates this figure favoring the Labor outsourcing and showing the reality in the application in the Colombian labor world since the entry into force of the Law 1221 of 2008 until the present day, showing in the same way, the consequences of outsourcing in the denaturation of contractual relations, and in violation of constitutional principles by employers.

Key Terms in this Chapter

Doctrine: Understand as the academic writings that in Colombia are had as a concept source of law, as well as the writings of different authors on a same theme in academic development.

Constituent: It refers to the union of ideologies that, on April 4, 1991, gave rise to the Political Constitution of Colombia, currently in force.

Juridical Ordering: It is the set of rules in the different areas of law (Civil, Labour, Criminal, Administrative, Procedural, among others) that regulates the perfect the operation of the Colombian State as an entity.

Legislator: It refers to the Branch of Public Power responsible for the production of laws, a function exercised in Colombia by the Congress of the Republic in fulfillment of the mandate given to it by the Political Constitution of Colombia.

Jurisprudence: They are the pronouncements of the High Courts, which are also a source of law, in the same way, are the guidelines that are established in terms of the interpretation of existing rules in Colombian law. The competent in the production of these are the Supreme Court of Justice, State Council and the Constitutional Court.

Positive Law: It is the whole set of rules that is in written form and duly codified by areas of law, and which must be implemented at the national level.

Superior Article: It refers to articles establishing fundamental, social or collective rights, of the environment and State functions in the Political Constitution of Colombia.

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