The extension of labour law to State contractors and the expansion of labour rights. Towards an extended labour law in Colombia

Abstract

This article examines, from the perspective of legal theory, the expansion of the boundaries of labour law within the Colombian legal system, particularly through judicial intervention. In this context, courts have extended certain labour protections traditionally afforded to subordinate employees to contractors, especially State contractors. Drawing on the theoretical contributions of Robert Hale, Robert J. Steinfeld, and Stanley L. Engerman, the article analyses, through these perspectives, the process by which labour law protections have been progressively extended to State contractors. It proceeds from the premise that the dichotomy between subordination and autonomy fails to adequately reflect the realities of contemporary labour markets or universalist conceptions of rights, particularly the human right to decent work. Focusing on the case of Colombian State contractors, the article shows how these individuals have progressively become entitled to an expanded range of labour protections. It argues that, in light of the available evidence, they should ultimately be recognised as workers entitled to the full range of labour rights and guarantees.