GH 2017 Colombia |
a. Introduction
Colombian legislation recognizes a difference between the relationships derived from the rendering of services by an individual in an independent manner and those carried out under the subordination of a person or corporate entity, which benefits from the rendered services. The former is recognized as a “services agreement” whereas the latter is recognized as an “employment agreement”. It is necessary to clarify that Colombian labor law does not define or regulate services agreements since these are governed by commercial, civil or public law provisions depending on the nature of the agreement and the parties involved.
Services agreements are characterized by the autonomy and independence of the contractors during the performance of their duties, the time limited nature of the relationship with the contracting company/individual, the absence of a schedule or working day, the possibility of rendering their services outside the contracting party’s facilities and the use of their own working tools. Between the independent contractor and the contracting company/individual there is no labor relationship and independent contractors are not entitled to receive fringe benefits, vacations, nor any other rights derived from an employment agreement.1