Estabilidad laboral reforzada por debilidad manifiesta

Abstract

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