Abstract

PARRA OSORIO, Liliana; GAONA RAMIREZ, Jorge Esteban; ROMERO PUMALPA, Diego Armando  and  ACOSTA FERNANDEZ, Martín. Progressive rulings on workplace harassment and precariousness in Colombia's high courts: a phenomenological approach. Rev. repub. [online]. 2019, n.26, pp.171-190. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2019.v26.a64.

Through Raw 1010 of 2006, a definition of labor harassment was established in order to prevent, deter and punish such conduct, hence the importance of exploring the contents of the judicial decisions with positive rulings in Colombia. The purpose of the article is to understand the state of the art regarding the decisions of the high courts on labor harassment and precariousness of work in Colombia from 2006 to 2018. The methodological framework of the article includes state of-the art techniques, documentary analysis, exploratory and systematic review techniques according to the review protocol (annex 1). The collection instrument used was a matrix in Excel, whose variables were the elements that make up the provisions and factors of precariousness. Final sentences and judicial orders were systematized. Several readings were made and those that did not meet the inclusion criteria were excluded, leaving 17 judgments of favorable rulings related to precariousness factors. Finally, in order to understand the factual content of the legal, constitutional and jurisprudential foundations, the phenomenological qualitative method (based on description, phenomenological reduction and interpretation) was used.

Keywords : Sentences; judicial orders; Workplace Harassment; Rabor Precariousness; Constitutional Court; Supreme Court of Iustice; Council of State.

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