La ineficiencia del acervo probatorio frente al acoso laboral con las personas portadoras del VIH que ejercen un contrato obra labor durante el año 2008 en la ciudad de Bogotá

Abstract

The research part of the evidentiary difficulties facing the labor harassment of people carrying HIV and that have a work contract work within a company, so the decision T - 238 2008 is analyzed where the lack of assessment is reflected the body of evidence by the company and the two (2) first instance, leaving the Constitutional Court found that the body of evidence was truthful enough to fail mobbing for the worker through the evidence to impugn the worker first instance, there also analyzed the law 1010 of 2006 which regulates workplace harassment where we verify that actually regulates the standard and if the parties are required to meet the standard met by what they perform field work to the Ministry of Social Protection where we were provided information on the number of requests for workplace harassment processed and what the purpose of the entity, therefore ineffectiveness of evidence provided by the employee before a bullying has to do with the lack of evidence assessment of the people who the analyzes and there is no fairness, generating an evidentiary inequality and des favorability by the victim.