Colisión: Usos y costumbres pueblo Wayúu y legislación laboral colombiana, análisis derechos fundamentales y laborales

Abstract

The objective of this investigation is to establish the labor differences that may arise between the Wayúu Community and the Colombian Labor Legislation, the above with the purpose of providing a discussion around it. Which has to do with the fact that labor rights are not being fully fulfilled within the scope of the labor activities of said people and in turn determine to what point of balance or limit their self-determination and autonomy as an indigenous people recognized in the framework of the Political Constitution and in light of jurisprudence. The methodology used for this research is as follows: document analysis, interviews, observation and additionally the method used is the type of qualitative research within the framework of a comparative approach. Finally, the most relevant results and conclusions obtained were: firstly, in the Wayúu Community there is no employment relationship, secondly, it does not have access to the Comprehensive Social Security system and in fact there could be inconsistencies regarding labor rights and the right to the minimum living wage would be affected to a certain extent.