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Justicia

Print version ISSN 0124-7441

Abstract

RODRIGUEZ LASCARRO, Luz Mery. Legal and jurisprudential review of the jurisdiction of persons with physical, mental or sensory disabilities. Justicia [online]. 2018, n.33, pp.141-151. ISSN 0124-7441.  https://doi.org/10.17081/just.23.33.2886.

Article 53 of our current Constitution enshrines fundamental minimum principles, which must always be present in labor relations, in order to provide protection and greater guarantees to workers, accompanied by the issuance of judicial guarantees by the Court Constitutional, who in resolving the cases that by tutela must be submitted to that corporation for its eventual revision. Among the principles enshrined there is that of “stability in employment”, which according to the needs in labor matters have been created so-called labor protection courts, shielding the worker who because he is in a state of manifest weakness cannot be dismissed without the previous fulfillment of a special procedure for their dismissal.

Hence emerges the one of “The reinforced labor stability or jurisdiction of people with physical disabilities, psychic and sensory”, is a benefit for workers because of their health situation, they are in state of weakness or vulnerability and that prevents them from being dismissed without due process, in this case with the permission of the competent authority in labor matters as the labor inspector, otherwise that dismissal is considered ineffective.

Keywords : Disability; work; stability; and jurisdiction.

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