Ibal deberá pagar $322 millones por intermediación laboral

Mintrabajo ratificó la sanción al Ibal, sobre la cual no se podrá interponer recurso.

La sanción impuesta a la Empresa de Acueducto y Alcantarillado (Ibal) y a la Unión Temporal Servicios Comerciales conformada por las firmas Servicios Empresariales S.A.S. y la Cooperativa de Trabajo Asociado Convenios Integrales (Coin) por intermediación laboral fue ratificada por el Ministerio de Trabajo.

La decisión en primera instancia fue dictada el 21 de diciembre de 2015, donde se ordenaba el pago de $644 millones de pesos, fue dosificada a través de la resolución 0672 del 27 de febrero de 2017.

El por qué de la sanción

Para el Ministerio de Trabajo hubo intermediación en la contratación, transgrediendo el artículo 63 de la ley 1429, en el cual se dicta que el personal requerido en toda institución y/o empresa pública y/o privada para el desarrollo de las actividades misionales permanentes no podrá estar vinculado a través de cooperativas, hecho que afectó los derechos constitucionales, legales y prestacionales consagrados por la ley colombiana.

Por su parte, la demanda que fue impuesta por Carlos Andrés Hernández,  refiere a las firmas de los contratos 09 del 23 de enero y 084 del 22 de octubre de 2013, con la Unión Temporal Servicios Comerciales y el Consorcio Presea para la operación de la gestión comercial del Ibal.

El proceso

El 9 de febrero y el 1 de marzo de 2016 mediante recurso de reposición el gerente del Ibal, José Alberto Girón, alegó que no se demostró, ni se probó que se hubieran afectado los derechos laborales y prestacionales de las personas vinculadas a las empresas contratistas del Ibal. Exponiendo el acto administrativo como carente de fundamento legal por falsa motivación y estaba viciado por nulidad.

Sin embargo, para Mintrabajo, encontró el oficio remitido el 10 de octubre de 2014 por el exgerente del Ibal Carlos José Corral a la secretaría del Concejo, en que se resumen las sanciones impuestas por diferentes juzgados laborales y el Tribunal Superior de Ibagué, que le han costado al municipio millonarios pagos por no cumplir las normas de contratación laboral.

Finalmente la sanción refiere “Estos elementos configuran en el tiempo y en el espacio el conjunto de pruebas necesarios para involucrar la responsabilidad en las conductas acreditadas por la primera instancia que prueban que se afectan los derechos constitucionales legales y prestacionales de los trabajadores de los contratistas, y no se requiere necesariamente de la transgresión de los derechos; basta con tercerizar el total o parte de la actividad permanente que configura su objeto social, para ubicar la conducta reprochable”, reza la misiva.

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