Examinando por Materia "Competencia de las autoridades del trabajo"

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    Ítem
    Análisis de los impactos y efectos del fuero de salud frente a los empleadores : ¿desprotección, inseguridad jurídica y cargas económicas desproporcionadas?
    (Universidad EAFIT, 2020) Maya Gallego, Olga Milena; Campuzano Betancurt, Sara Valentina; Bedoya Díaz, Hubo Alexander
    The aim of this workpaper is to visualize the lack of protection, legal uncertainty and the few guarantees an employer must face when an employee is benefiting from special treatment due to his health condition. This exceptional consideration is founded on the current legislation about job stability by health condition and its jurisprudential development. Therefore, this research purpose is to highlight the conflicts that, in practice, arises in particular work scenarios in which the protagonist is a disabled employee. The conflicts that employers must dealt with are complex, challenging and can create a dilemma, and they usually are caused by the following reasons: 1. Legal uncertainty resulting from the higher Courts dissonance with regards to the matter of subject; 2. Imposition of disproportionate or excessive obligations on the employer as results of constitutional actions decisions: 3. Constitutional actions decisions do not consider employers' financial capacity; and current requirements demanded by the Ministry of Labour at the time of authorising the dismissal of an employee who benefits from special treatment due to his health condition; 4. Abusive usage of rights from protected employees because of their health condition; 5. Excessive delays and formalities associated with the Ministry of Labour's procedures for authorizing the protected employees' dismissal and; 6. Lack of clarity in the rules regarding the competence to authorize employee's dismissal when there is just cause for it. Based on the above, some possible solutions to these problems will be proposed in order to propose a more equal scenario for employers, without ignoring the special constitutional protection of workers in a situation of manifest health weakness.