Reinforced labor stability provisional employees in administrative career and its effect on public administration

Abstract

The purpose of this research was to analyze the elements of legal and jurisprudential order that constitute the support of the labor dismissal of public employees in conditions of vulnerability, who are provisionally appointed in administrative career positions, established by the Constitutional Court and the Council of State. The interpretive efforts that try to understand the applicability of a norm called social retainer are identified, which seeks to protect the rights of public employees appointed provisionally in conditions of vulnerability who occupy administrative career positions, through the figure of reinforced labor stability. The different analyzes carried out in this reflection article make it possible to show that provisional appointments, when they are transformed into protection of a condition of vulnerability as a range of public administration models (bureaucracy, public management and governance), do not allow those who aspire to contest of merit to the public positions constitute in itself a legitimate confidence of the public power on the processes of selection of personnel to exercise functions at the service of the State. Although the Constitutional Court, through its various rulings for the protection of private labor interests among other rights, does not reveal the affectation that has been generated through the expectations given to temporary employees, making the system of administrative career and affecting the quality of the administration against the general public. It is in this way that its operation and confidence are undermined, and the constitutional principles of the public function are subtracted from validity.