Abstract

CUCHUMBE-HOLGUIN, Nelson Jair  and  MOLINA-HINCAPIE, Sergio. Scope of the Right to Reinforced Stability in Colombia: Sentence ITS-049, 2017. Entramado [online]. 2021, vol.17, n.1, pp.84-97.  Epub May 05, 2021. ISSN 1900-3803.  https://doi.org/10.18041/1900-3803/entramado.1.7131.

Describes arguments on which the magistrates of the Colombian Constitutional Court endorsed the solution to the problem are described as to whether the reinforced stability is limited to qualified people with loss of work capacity and incorporated into the world of work through an employment contract; The arguments from which the judges of the Court justified their response to the matter are shown on whether the violation of the enhanced stability entails the application of the benefits fixed for in Law 361 of 1997 even in a context of service provision and without worker has a qualification of loss of work capacity; and it is concluded that in judgment SU-049 of 2017, said magistrates updated the scope of the right to enhanced stability in accordance with constitutional principles of equality solidarity dignity and protection of the different types of work, granting compensation of 180 days of salary and Reinstatement of the worker regardless of the possession of the qualification certificate of loss of work capacity or the form of contractual relationship. The accepted methodological approach is hermeneutical.

Keywords : Argumentative model; reinforced labor stability; reinforced occupational stability; Judgment SU-049 of 2017; updating of meaning and constitutional principles.

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