Administrative Contract

In such sense, having itself promulgated the regulation of the DL N 1057 it is important to make commentaries totally defined to this special normative body, for thus within dogmatic a congruent one being able to avisorar future scenes as well as to be able to demonstrate the labor rights that they emerge from his devices in favor of the mass worker. II. Analysis: 1. Of the Definition: We have declared that the Legislative Decree N 1057 establishes in its article 3, that Administrative Contract of Services constitutes an own of the Administrative Right and privative special modality of the State, that is not subject to the Law of Bases of the Administrative Race, to the labor regime of the private activity nor to other forms that regulate special administrative races and that are not applied to contracts of benefit of services of consultancy or of consultant’s office, whenever they are developed of independent form, outside the premises or centers of work of the organization. The Regulation adds in its article 1 that in addition this one contract is an administrative and privative contractual modality of the State, that ties to a public organization with a natural person who serves of nonindependent way; being in force in addition by norms to public right and it confers to the parts solely the benefits and the obligations that establish the Legislative Decree N 1057 as well as the benefits shaped in their corpus iuris. 2. Of the responsibilities of the subject servants to the RECAS: Article 7 of the DL establishes that the civil servants or servants public who carry out hiring of people who serve nonindependent outside the rules of the present regime, incur administrative lack and, consequently, they are responsible civilians by the damages and damages that originate to the State to him.