The Colombian Supreme Court of Justice decided that the relationship between a professional of the television (actor) and an important TV programmer was of employment nature, irrespective of the name of the agreement executed between the parties or its modifications.
Although the majority of the professionals of the television industry are linked to TV programmers by an independent services agreement, the Colombian Supreme Court of Justice considered that this type of relationship are of employment nature. The Court grounded its ruling by arguing that in the day-by-day between the actor and TV programmer the three elements of the employment relationship were met: rendering of professional services, continue subordination and payment of a salary.
In the specific case, the Supreme Court of Justice considered that there was an employment relationship between the parties due to the fact that the actor did not have any autonomy in its agreement, there was a clear subordination, the TV programmer issued orders regarding when and how the actor had to render services and, in exchange of its services, paid a salary on a monthly basis.
Considering the above mentioned, this is a very important decision as most of the TV programmers will have to review and modify the way in which is hiring the actors and refrain from execution independent services agreement with them.