Abstract

MOSCOSO CARDONA, Laura Catalina. Reinforced labor stability due to disability or manifest weakness: implications of the constitutional court rulings regarding employers. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2019, vol.49, n.131, pp.386-421.  Epub Mar 24, 2020. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v49n131.a07.

Stability in employment has been recognized as a principle to take into consideration when entering into a labor-related contractual relationship, considering that from the relationship itself the so-called reinforced labor stability is stablished with constitutional character, which includes those with manifest weakness and/or disability. This figure is safeguarded by international laws, the Constitution and national legal referents with the aim of establishing that no person can be dismissed due to these situations without permission from the administrative authority. In order to guarantee this assumption, the case-law has played a crucial part in the sense that it has been mainly the Corte Constitucional the one who has given scope to the cases that arise from the mentioned reinforced labor stability, including the legal, economic and social implications that arise for the employer. The study was carried out based on the tutela (protective action of constitutional rights) rulings issued after the ratification of the Convention on the Rights of Persons with Disabilities in 2011 and evidenced a line oriented not only to guarantee labor and social security rights in general but specific matters related to job health and safety. Because of this, the social and economic implications for the employer can have a greater impact in generating preventive measures aimed to avoid tutela actions motivated by the dismissal of workers whose health is affected and consider that their labor stability has been violated.

Keywords : Reinforced labor stability; disability; manifest weakness; ruling; Corte Constitucional.

        · abstract in Spanish | Portuguese | French     · text in Spanish     · Spanish ( pdf )