Examinando por Materia "Estabilidad laboral reforzada"

Mostrando 1 - 6 de 6
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    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.
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    El debido proceso para la aplicación de sanciones y la terminación del contrato de trabajo en los entornos de la estabilidad laboral reforzada por fuero de salud
    (Universidad Eafit, 2020) Gómez Giraldo, Manuela; Escobar Giraldo, Sofía; Múnera Posada, Armando
    The research project is focused on clearly explaining the due process that employers must apply when imposing disciplinary sanctions on workers in an employment relationship. Likewise, the principles and rights derived from this relationship. When the imposition of the sanction is unsatisfactory because it does not meet the corrective purpose, the figure of dismissal is presented, which will also be addressed in the thesis, with special emphasis on the termination of the contract of a person who has reinforced job stability, specifically for health reasons.
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    Impacto de la protección por estabilidad laboral reforzada en materia de salud a la terminación objetiva de relaciones laborales
    (Universidad EAFIT, 2022) Monsalve Restrepo, Federico; Jane Saldarriaga, Pablo; Múnera Posada, Armando
    This research work studies the principle of reinforced labor stability in health matters, for which a jurisprudential, legal and doctrinal analysis will be made, through which it is intended to analyze the scope of this principle in terms of contracts for work or labor. For this purpose, the reader will initially find a study of the interpretative, jurisprudential and legal evolution in which some of the most representative sentences that highlight the most important information of the principle will be brought to collation and together with this, the direct implications of the current jurisprudence to the principle of reinforced labor stability in Colombia will be evidenced, in accordance with the specific contractual modalities of the labor relationship that concatenate with the object of study. In the following section, a specific analysis will be made from a specific type of employer, the temporary service companies, with the purpose of showing from one of the contractual parties how the impact of the figure is materialized, having clear that it is usual to study it from the "weak" contractual party, that is, the employee; but little is delved into the other side of the figure and the entity or subject that ultimately, is the one that ends up bearing the economic burden that brings with it the application of the figure. It will be important to analyze the temporary service companies in accordance with the figure, since this will not only allow the reader to have in mind the contracting modalities and particularities of the labor relationships in this type of companies, but also to show how, in a type of company designed in Colombia to cover temporary requirements according to Law 50 of 1990, its social purpose of providing "temporary" workers could be truncated and distorted, due to the specific application of the special protection. The case of a specific temporary services company will be taken as the object of study, where we will address different specific cases of reinforced labor stability currently present, seeking to resolve the prerogative of whether this type of labor contracting aimed at meeting specific requirements is affected by the principle of labor stability, in the sense of maintaining untouched labor relations whose contractual object is already fully executed, as a result of an alleged health condition that enables a special protection for the worker. As an objective of the specific intervention to the temporary services company, a legal concept will be issued in the sense of recommending the best course of action for the treatment and approach of the cases; concept that in turn will help the reader to draw a clear picture of the actuality of the figure and the impact of it, for both parties of the contractual relationship, according to real cases that allow adding to the research a field study. In the same sense, throughout the research work, the legal basis of the figure in Colombia and the jurisprudential development along with its essential characteristics will be reviewed, so that, once this has been exposed, the functioning of the application of the principle of reinforced stability in health and its particular characteristics will be analyzed. In this sense, some hypotheses are posed in response to some questions that we questioned throughout the development of this work, which are necessary for a comprehensive approach to the concepts and methodologies of treatment of the figure of reinforced stability in Colombia, aiming to provide the reader with conceptual and procedural foundations that allow applying what was studied in the research in the actual approach to the subject in our country. Finally, in the last section of this research, we will bring up some general conclusions to which we arrived at the culmination of this research, taking into account that these gather all the investigated and analyzed material, thus arriving at some general hypotheses that bring together the theoretical framework and the field work, giving as a whole, answer to the essential object of the research.
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    La salud mental en el fuero de estabilidad laboral reforzada y el derecho de desconexión
    (Universidad EAFIT, 2021) Ruiz Yepes, Manuela; Flórez Díaz, Manuela; Cortés Ramírez, Jairo Daniel
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    Los trabajadores en misión y la estabilidad laboral reforzada del fuero de salud
    (Universidad EAFIT, 2023) Ferrer Vanegas, Valentina; Orozco Galvis, María Camila; Cortés Ramírez, Jairo Daniel
    This paper aims to perform a doctrinal, jurisprudential and legal analysis on how health protection operates in contract workers and as a result of weakness as manifested, gives way to reenforced labor stability, keeping in mind the different postures present in the jurisprudence of the high Colombian Courts. It will question how it does affect Temporary Service Companies because of the timeframe that the contract worker is allowed to be working at the user company.