Examinando por Materia "Fuero constitucional"

Mostrando 1 - 1 de 1
  • No hay miniatura disponible
    Publicación
    La potestad de un empleador para dar por terminado un contrato de trabajo con justa causa de un empleado amparado por estabilidad laboral reforzada y sus límites
    (Universidad EAFIT, 2025) Gómez Aguirre, María Camila; Múnera Posada, Armando
    The objective of this research work is to investigate the jurisprudence of the Constitutional Court of Colombia from 2000 to 2023 and the regulations in force, specifically in the Substantive Labor Code (article 62), Law 361 of 1997 and the Legal Concept of the Ministry of Labor of 2019, about the effective dismissal of an employee who is protected by reinforced job stability and who, For this reason, it is necessary to request authorization from the competent authority, without violating the worker's rights. Enhanced job stability is a legal protection mechanism that prevents the unilateral termination of the employment contract of certain employees, such as people with disabilities, pregnant women or union representatives, unless there is a just cause and the established legal procedure is complied with. Through a qualitative approach based on documentary review and jurisprudence analysis, this research examines the limits and powers of the employer in the face of the termination of employment contracts in these cases, identifying normative criteria and relevant judicial decisions. The study concludes that, although the employer has the power to dismiss a worker with enhanced job stability with just cause, this procedure must be carried out within the legal framework, guaranteeing due process and avoiding possible legal sanctions, including the declaration of nullity of the dismissal and the obligation to reinstate the worker.