Especialización en Derecho del Trabajo

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https://hdl.handle.net/11396/2232

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La disminución de la jornada laboral mejora las condiciones contractuales del trabajador
(Universidad La Gran Colombia, 2023) Alonso, Natalia; Lizarazo Salgado, Olga Lucila
This work aims to show if the worker in Colombia will improve their working, family and social conditions as has happened in developed countries that have implemented the reduction of working hours without affecting employers. The theory of the three eights, proposed by Robert Owen referred to by Karl Marx in Capital (1866), is to consider it extremely important because of its relevance in the health of workers and the basis of the conceptual principle that aims to maintain the physiological, psychological, emotional, and social balance of these. In this sense, in Colombia there is constitutional protection of the rights of the worker so that, in compliance with the Law, the working day does not extend beyond the established 48 hours, allowing the worker a leisure time, and rest with his family. For this purpose, in Colombia the working day is regulated in article 161 and following of the Substantive Labor Code (CST), currently set at 48 hours per week, however, the national government through Law 2101 of 2021, opened the possibility of reducing it to 42 hours per week from July 2023. The present work is aimed at establishing whether the reduction of the working day really improves the physiological, psychological, emotional and social conditions of the worker in Colombia, as has happened in other countries, and increase their productivity.
El impacto de la inteligencia artificial en las nuevas relaciones laborales
(Universidad La Gran Colombia, 2022) Dávila Ariza, María Paula; González Buitrago, José Ignacio
The relationship of Artificial Intelligence (AI) with Law and labor relations in the modern world is recognized and compared. In addition, the challenges in the workplace and its current situation are established, indicating whether or not to restructure labor relations and the role of employer and worker. The foregoing, striving for legal security, fundamental rights and that the minimum guarantees that an employment relationship must have are safeguarded. In addition, a background tour is made starting from the pandemic as a result of Covid-19 since since this event, labor relations were adopted to a large extent through technology, deconstructing and even destroying some of the guarantees and rights that you have as a worker or employer.
Revisión de presuntas relaciones laborales atípicas: El caso de vendedores ambulantes de Vive 100 en Colombia
(Universidad La Gran Colombia, 2022) Castillo Guerrero, Edna Liliana; Castillo Páez, Edward Andrés; González Buitrago, José Ignacio
Work has been the way in which people have developed their skills and, later, with the implementation of the economic market, it became the basis for accessing remuneration and also the most viable way for people to have academic growth and professional With the solid labor force, the monopolies of businessmen were consolidated and from there the disparity that existed between both guilds began to be evident and thus many historical events were given that evidenced abuse of human rights through deplorable working conditions. It was from the year 1945 that in Colombia, with Law 6, what we know today as Colombian labor law began, and years later in the Political Constitution of Colombia, the right to work for each of its inhabitants was confirmed. as one of the fundamental pillars for the consolidation of a just society. However, in recent years new subcontracting models have been regularized which, although legal, have provided some uncertainty in the access to rights of many workers. Informality and labor outsourcing are factors that currently contribute negatively to the construction of labor stability for workers who, in most cases, carry out their functions within the framework of the essential elements of the contract without having all the guarantees that will be produced. tend to provide employers.
Formas de sancionar la explotación laboral infantil en Colombia
(Universidad La Gran Colombia, 2022) Caicedo Guaqueta, Yeimy Yuliana; Gonzalez Buitrago, Jose Ignacio
Child labor exploitation is one of the phenomena that has affected minors belonging to low-income families or with economic problems, not having the possibility of accessing an education, a factor that affects their mental development and physical health, What with the passage of time, world organizations such as the UN and the ILO have contributed to nations implementing protection mechanisms for minors and that they do not have contact with forced labor and that their rights are protected. In Colombia, the Childhood and Adolescence Code has sought the eradication of child labor, just as the high courts have ruled on the issue, always in favor of finding solutions so that children under 18 years of age have access to education. and good personal development. Among the possible implications that also make minors work informally, whether in activities such as begging, agricultural, mining or commercial work, is the low possibility that their guardians do not have jobs that provide them with the guarantee of a economic stability for both them and their nucleus, forcing their minor children on many occasions to drop out of their studies and start their working life receiving very little money as compensation, without any type of protection and even ignoring regulations such as health and safety at work, living wage, social benefits, among other guarantees. However, on some occasions these minors are used to carry out illegal activities such as the issuance of hallucinogens, theft and on some occasions even homicides, all in order to be able to help their families financially and with the security that they will not be tried as adults. in the understanding that the law manages to protect these minors in the case of being brought to account before justice for said actions.
El acoso laboral, antecedentes y normatividad a partir de la Ley 1010 hasta la actualidad en Colombia
(Universidad La Gran Colombia, 2022) Acosta Cifuentes, Olga Lucia; Garnica, Yaira Jasbleidy; Gonzalez Buitrago, Jose Ignacio
With this monograph, our general objective is to identify specific cases of the existence of workplace harassment in order to assess the frequent behaviors that have occurred in work and that are decisive for a person to be protected in accordance with Law 1010 of 2006. and based on jurisprudential developments on the matter.
Conceptualización, tramitación y resolución del estado de multiafiliación entre regímenes pensionales en Colombia a partir de la Ley 100 de 1993
(Universidad La Gran Colombia, 2022) Riascos Salazar, Harly Felipe; Gonzalez Buitrago, Jose Ignacio
Garantías laborales de las madres comunitarias desde la perspectiva de la economía del cuidado
(Universidad La Gran Colombia, 2022) Niño Triana, Nelson; Porras Rodríguez, Nelson Andrés; González Buitrago, José Ignacio
In Colombia, the work of the Community Mothers for the protection of children and people with some special condition has existed for many years. Activities that have been developed in two scenarios, the first, where the State contributes an economic resource or the community in an effort gathers its own resources and the other is, where simply, a person develops activities within the concept of the care economy or the aptly named unpaid work. Both scenarios represent for Colombian society a fundamental element for the development of the different communities in all the regions of the country. For this reason, this research seeks to analyze whether the State guarantees or has guaranteed the labor rights of this group of personnel. For this reason, a jurisprudential and normative investigation will be carried out, which will help us to conclude whether or not the State provides Labor guarantees to this population group.
Derecho a la estabilidad ocupacional reforzada en los contratos de prestación de servicios del sector privado en Colombia
(Universidad La Gran Colombia, 2022) López España, Johonnar Jilver; Jóse, Ignacio González; Jóse, Ignacio González
The right to reinforced occupational stability in Colombia is a mechanism to protect the vulnerability of the worker and the guarantee of labor equality through the fulfillment of basic decent conditions provided by the employer. This concept has been built and evolved thanks to the recognition of the need to protect and guarantee fundamental rights, since in recent years through international treaties, regulations and jurisprudence, it has been sought to protect workers who are in a situation of manifest illness or some condition of vulnerability. However, in relation to the protection of people who sign a contract for the provision of services, a differentiating element is recognized because this type of contract has unique elements such as the lack of subordination to develop the work activity and the contractual freedom. Due to the aforementioned, this qualitative-descriptive research work seeks to identify, through a jurisprudential analysis, if there is constitutional protection in the private sector for service provision contracts and if said protection has constitutional and legal recognition.
Políticas públicas efectivas para mitigar la crisis en época de pandemia Covid-19 en el sector del trabajo informal en la ciudad de Bogotá
(Universidad La Gran Colombia, 2022) Contreras Martinez, Edisson Jairo; Concha Parra, Andrea Paulina; González Buitrago, José Ignacio
Among the consequences that the Covid-19 has left in Bogotá, it has been the affectation of formal work, since in the pandemic multiple economic sectors have seen a great decrease in their income, which led to a substantial reduction in personnel, under this understanding. It is explained that after the pandemic, they have sought to implement public policies that help create jobs and their formalization, in addition to this, the advances that have been generated during the post-pandemic must be specified, therefore the public policies that have mitigated these margins of informality, in turn, the rates of workers who are in informality will be indicated, all this in order to lead to a projection of the true application of the regulations and agreements of the Council of Bogotá so that they can be give a guarantee to the informal worker.
Ineficacia del traslado de Régimen Pensional en Colombia, a partir de la sentencia SL31989 de 2008
(Universidad La Gran Colombia, 2022) Poveda Ruiz, Gustavo Adolfo; González, José Ignacio
La desigualdad entre géneros en el mercado laboral no es un problema del ayer
(2019) Mendez Avila, Estefania; Oliveros, Carlos
In this article I want to highlight and make the reader see the different aspects that include the gender inequality in the workplace, and make known as through time, there are several signs that show us that history has not been the best Allied has not gone hand in hand with the events surrounding the female work environment, which has been produced by discrimination against women seen strongly marked, women playing roles in the same conditions as men and with the same capacity and good performance, these events being less recognized and less protected. Therefore, it seemed important to analyze how occupational segregation and salary levels have been between men and women, this being one of the main causes of difference, always being at a disadvantage in the labor, economic, social and family spheres since the beginning and now, from the creation and application of the universal principles of human rights and the development of them through labor rights.
Los pisos de protección social como materialización idónea del Mínimo Vital al tenor del Art. 53 de la Constitución Nacional
(2022) Peña Romero, Francy Yolima; Castillo Osorio, María Paula; Contreras Rodríguez, Heidy Alejandra; Vargas Chávez, Iván Guillermo
In Colombia, the growing social inequality derived from multiple situations has impacted the access to living conditions in dignity for many population groups, mainly those who have special protection from the constitutional orbit; within these it is possible to find the elderlies, who must be guaranteed an old age in dignified conditions from constitutional, legal and Human Rights provisions; This is why the actual National Government established from Art. 193 of Law 1955 of 2019, National Development Plan 2018-2020, "Pact for Colombia, Pact for Equity", the consolidation of protection floors that are promoted in principle as a response to the country's social inequality. This is why this investigation presents an analysis that pretends to show whether, in fact, the legal provision established by the National Government, through this norm, provides an ideal way about the protection of which must be the guarantor, mainly to the people whose income does not exceed the Current Monthly Legal Minimum Wage, with respect to the principles of labor law enshrined in Art. 53 of the supreme norm, mainly related to the vital and mobile minimum that assists the entire working class, extendable to those who have exceeded the productive stage of their life by age and must have this same protection in their old age.
Estabilidad laboral reforzada por debilidad manifiesta
(2022) Cárdenas Castañeda, Cristhian Camilo; Martínez Camelo, José Luis; Fierro Arango, Sandra Milena; Vargas Chaves, Iván
The main objective of this article is to establish whether the new concept of "relevant disability", introduced by the Supreme Court of Justice, is in line with the jurisprudential standards and the protected legal interest of the right to a dignified life within the framework of a Social State of Law and for its development it became necessary to start from the jurisprudential line of the Constitutional Court and the Supreme Court of Justice, where there are divergences when applying the protection contained in article 26 of Law 361 of 1997, to these subjects in a situation of vulnerability due to their health conditions. The results that this research seeks is to establish that despite the fact that the Supreme Court of Justice introduced its new criteria against the protection of people with impaired health conditions, its content continues to be restrictive to safeguard the rights of a worker within a labor relationship, since the scope granted does not manage to protect the constitutional postulates of our Political Charter, which are protected by the International Treaties ratified by Colombia, since its context continues with the strict adherence to the norm in the face of obtaining the respective opinion of loss of work capacity which must be greater than 15% disability. Thus, within this investigation based on the jurisprudential line of the two High Courts, it is possible to demonstrate how the Supreme Court of Justice, contrary to fundamental constitutional principles such as human dignity in a Social State of Law, continues being limited to the granting of the protection of reinforced labor stability of a worker who is in conditions of vulnerability due to his state of he
Responsabilidad de contratistas independientes frente a trabajadores en misión en la tercerización laboral
(2022) Aguilar Rodríguez, Julieth Adriana; Perdomo Valbuena, Paula Vanessa; Rojas Palacio, Leidy Daniela; Vargas Chaves, Ivan
The figure of labor outsourcing is a type of work, in which workers are not hired by the company to which they provide their services, but on the contrary, a third party assumes the position of employer, and offers the services of their worker to a company called "independent contractor", who was initially believed not to have any kind of bond or obligation with the worker. Through this investigation, we seek to analyze the jurisprudence issued by the Constitutional Court in Colombia, regarding the responsibility of an "independent contractor" who requests the provision of services to a worker on mission under the modality of labor outsourcing. The type of investigation that will be blocked is inductive and descriptive because it will be based on the search for different sentences of the Constitutional Court, to understand in more detail the responsibility that independent contractors have against a worker on mission. Finally, it is hoped with this investigation to verify that the rights of the workers on mission are respected, both by their worker and by the independent contractor, and that in the event that they are being violated, the Constitutional Court as the highest body of defense of the rights of citizens enforce the provisions of the Political Constitution of 1991.
Las relaciones de trabajo en los domiciliarios de la plataforma Rappi
(2022) Muskus Lopez, Carlos Arturo; Ladino Medina, Jothnatan Alexander; Vargas Chavez, Iván
Analyze the relationships that develop between domiciliary and the Rappi digital platform, to assess whether there is an employment relationship given the conditions in which these activities are carried out. For this purpose, the legal norms that regulate the principle of the primacy of reality over forms will be addressed, and the characteristic elements that the activities carried out by domiciliary have will be extracted and if they fall within the aforementioned labor principle. Finally, and according to all the analysis made on the subject, it will be possible to determine that in fact sufficient elements are evidenced to enter to say that, if there is an employment relationship between domiciliary and the Rappi platform, and it is possible to distort that mantle of appearance and concealment exercised by the true employer towards his employees.
Situación actual de los trabajadores de la construcción frente a la subcontratación en obras civiles en Colombia de los años (2010-2018)
(2019) Rodríguez, Nyyi Esmeralda; Hernández Diaz, Isabel; Naranjo, Luz Dary
The present investigation has as objective to know the current situation of the fulfillment of the employers in their labor obligations with the construction workers hired under the modality of subcontracting work or determined work in civil works in Colombia, both at the legal level and at the jurisprudence of workers in the construction sector, specifically in the period between 2010 and 2018. It is expected that from the revision of the legal and jurisprudential system, the study of the different actors that intervene in the labor relationship, the sanctioning actions issued by the different entities involved and the study of the levels of violation of the rights of the workers, enough elements are contributed to make visible the problematic to which the workers of the sector of the construction are faced.
La pensión de invalidez y la posibilidad de trabajo
(2019) Letrado, Carol Andrea; Rojas Meneses, Jairo Antonio; Rivera Fonseca, Andrés Ricardo; Naranjo, Luz Dary
The research seeks to respond to the dilemma that people with a physical limitation have, how to be able to access new jobs even though they already have pension payments, without losing their payments, in terms of equity, being active members of a society and contributors from the human and professional point of view. In this project, a jurisprudential line was designed that will allow demonstrating the limitations of the rules and jurisprudence regarding the case under study.
Las E.S.T. y la suplantación del contrato en misión
(2019) Urrea Benavides, Ángela; Cortes Rojas, Jennyson Daniel; García Duarte, Gabriel; Tibaquirá Quiroga, Juan Carlos; Naranjo, Luz Dary
Temporary or Mission employment has become more than alternative employment, a precariousness of workers hired under this modality since temporary services companies and user companies have forgotten the regulations governing this matter in Colombia, therefore they commit all kinds of abuses such as ignoring the labor relationship that must exist between the user company and the worker hired in Mission to disregard the social security and occupational health factors, to mention just a few of the guarantees that are unknown to the worker, since the worker on Mission is hired by the EST, under a contract of fixed, indefinite term or by work which gives rise to an employment relationship, but the contract that arises with the user company is merely of subordination in favor of the user ignoring what is stipulated in article 74 of the law 50 of 1990 and the regulatory decree 24 of 1998 in the same way the constitutional court ruled in this regard in judgment T 641 of 2008 due to the different problems that arise due to the constant violation of worker rights through the simulation of contracts. For that reason, this work has the purpose of investigating and evidencing if the EST ASAP, allegedly violates the hiring rules with respect to the personnel hired on mission, at the time of supplying workers to CONSORCIO SIM, by the same token, to evince if the CONSORCIO SIM, which exert public functions are complying with the contracting way stipulated in Contract 071 of 2007 and current labor regulations. Keywords: Mission, employment, social security, temporary services, regulations governing. EST, CONSORCIO SIM, precariousness.
Los BEPS como alternativa en la protección social del adulto mayor en Colombia
(2019) Bonilla Valderrama, Angie Tatiana; Polanco Mayorga, Edgar Alberto; Tinoco Muñoz, Jorge Luis; Naranjo, Luz Dary
With the launch of the National Development Plan “Prosperity for all” 2010-2014, the launch of the new Plan for the Protection of Old Age was included, within the complementary social services regulated in Law 100 of 1993, the so-called Periodically Economic Benefits (BEPS), acronym in Spanish, which are regulated through Decree 0604 of 2013 issued on April 1, 2013. On the other hand, according to the figures found by FASECOLDA, insurer’s guild, it should be noted that six of each ten people who contribute to the pension systems do not get their old-age pension. According to this reality and in relation to BEPS, the following questions arise: 1. Are the BEPS a mechanism that effectively responds to the principles of efficiency, universality and solidarity, as the basis of the General Comprehensive Social Security System? 2. Does this system of benefits exclude the obligation of the State to protect the contingencies of disease, old age and death, going against the quality of life and human dignity of the most vulnerable population in the country?
Estudio de caso de las formas de trabajo y redención de penas de los reclusos de la cárcel y penitenciaria de media y mínima seguridad para miembros de la fuerza pública: Facatativá – PONAL
(2019) Pinzón, Clara Rocio; Buendia Losada, Juan Pablo; Cortes Cardozo, Ginneth; Pachón González, Leonardo
Prison policy in Colombia allows inmates to redeem their sentence time with different modalities such as study and work. With the diagnosis made regarding the forms of work and redemption of sentences of the inmates of the prison of medium and minimum security for members of the Facatativá public force of the National Police, it was possible to evaluate the legal aspects, the impact on social life and the relationship with their family environment for their resocialization. Through the research methodology used, in which a field work is carried out consisting of a visit to the facilities of the detention center and closed surveys and interviews are carried out where it was possible to demonstrate what are the forms of work and study that the inmates develop within from the penitentiary center and with which they obtain a series of benefits for both them and their family. Seeking to have the necessary knowledge to develop entrepreneurial activities so that at the time of serving his sentence they are reintegrated back into society.

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