Abstract

MOLINA RIVERO, Blanca Mary. Termination of contract for workers in disability status: criteria to be considered. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2023, vol.53, n.138, pp.1-.  Epub May 20, 2023. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v53n138.a6.

According to the Colombian legal system, workers who are vulnerable for health reasons are covered by constitutional jurisdiction of enhanced labor stability, therefore, in order to terminate the contract, the employer requires prior authorization from the Ministry of Labor, arguing for the existence of a fair cause and legal cause, or demonstrating that their disability status makes it impossible to reintegration, therefore, that body issued internal circular No. 049 of 2019 laying down the guidelines to be followed by the labor inspector in order to issue such authorization; which is why, applying the analytical method with a theoretical - practical approach, this article is aimed at establishing whether the guidelines of the Ministry of Labor set out in that circular are adjusted or contrasted to the criteria established on the subject in the Constitution, the Law, and the Jurisprudence issued between 2008 and 2020, and as a conclusion a proposal for a procedure for the effective termination of the employment relationship is proposed.

Keywords : Disability; employment contract; job stability; fair cause; Ministry of Worked.

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