Especialización Seguridad Social

URI permanente para esta colecciónhttp://hdl.handle.net/11634/142

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Mostrando 1 - 20 de 20

La reparación integral como principio aplicable en la responsabilidad laboral por culpa debidamente comprobada del empleador
(Universidad Santo Tomás, 2024-10-30) Tamayo Gómez, Jorge Ignacio; Meléndez Lizarazo, Guillermo
This research article will seek to analyze whether the jurisprudence of the highest closing body of the ordinary labor jurisdiction complies with the principle of comprehensive reparation enshrined in Article 16 of Law 446 of 1998, as well as in Articles 283 and 284 of the General Code of Procedure applicable by reference to the labor and social security procedure. for those cases in which a full and ordinary reparation of damages is discussed in the event of the occurrence of an accident at work or an occupational disease when it is demonstrated that the employer is sufficiently proven guilty of such occupational incidents.
El derecho a la vida y a la integridad personal Vs la diversidad cultural y autonomía de los pueblos indígenas
(Universidad Santo Tomás, 2024-05-25) Baena Cortes, Esther Marina; Rincón Silva, Jennifer Daniela; Meléndez Lizarazo, Guillermo
The execution of this project seeks precise information about the cultural practice regarding genital cutting, it is intended to have a social, legal and student impact, in Colombia, the Embera-Chami are an indigenous community that still practices this custom, for decades This type of practice has been unknown, even in later years it was made known through protection actions to the constitutional court, since the members of the ethnic groups have to fulfill their rituals, sometimes unaware of the violation of their rights and their integrity.
Acoso laboral como riesgo psicosocial de los servidores judiciales y la mediación
(Universidad Santo Tomás, 2024-05-30) Camargo Bernal, David Felipe; Meléndez Lizarazo, Guillermo
Workplace harassment is a social problem that can affect all workers in general, and in particular, those in the Judicial Branch; it has repercussions on the health of individuals in the work environment and in different areas of society. In the meantime, mediation is an alternative dispute resolution mechanism with the potential to become an effective tool to ward off this scourge. Thus, the objective of this work is to provide workers of the Judicial Branch of the Bogotá Section with an alternative tool to prevent and repair the consequences derived from mobbing. To this end, it is shown that the aforementioned entity is devoid of the sufficient elements to counteract the aforementioned phenomenon, which leads to proposing the incorporation of a mediation model that aims to allow judicial officials in the city of Bogotá to learn about the importance of assertive communication and to access a possibility of resolving harassment situations through the assistance of a professional called a mediator.
La importancia de los bonos pensionales en Colombia; una mirada desde la auditoría
(Universidad Santo Tomás, 2024-05-22) Durly Yazmín, Trujillo Urueña; John Alexander, Piracún Bustos; Guillermo, Meléndez Lizarazo
This work seeks to demonstrate the importance and impact of audits in the pension bond processes in Colombia, this is because the Pension Fund Administrators do not transmit the importance of the regulatory concept of pension bonds and their correct application in both the aspects of compliance, administrative processes and documentary support thereof to future members who will retire, which allows us, through qualitative methodology, to analyze possible controversies or procedures that are fundamental for the recognition of benefits such as the old-age pension. , refund of balances, disability, death or substitute compensation; which leads to possible violations of fundamental rights, all of this caused by reasons of reprocessing that the Pension Fund Administrators have in the definitions of benefits and specifically the different administrative problems that delay the redemption of pension bonds. This is why this analysis is important, in order to be able to identify the implementation of additional and external controls that help optimize processes and improve the times of their definitions. One of the control links within these processes are audits. This practice is of great importance to demonstrate transparency in the development of processes, the correct applicability of current regulations and possible best practices; This control being a focus on the internal improvement of organizations and that they see it as an aspect of change and not as regulatory compliance.
Análisis del cumplimiento normativo en seguridad y salud laboral en la minería Informal en Colombia
(Universidad Santo Tomás, 2024-05-20) Bello Guio, Cristian Dario; Meneses Rodríguez, Lina Marcela; Meléndez Lizarazo, Guillermo
Informal mining in Colombia is an activity that, despite its illegality, persists and represents an important challenge in terms of safety and health at work, for those who carry out work activities within this sector, in this context, this research is It will focus on analyzing compliance with occupational health and safety regulations in the informal mining sector, as well as identifying the most common occupational risks and the underlying causes of informality. Through a qualitative and jurisprudential approach, the aim is to offer an exhaustive analysis. that allows us to better understand this problem and propose effective solutions.
La falta de formación y educación sobre seguridad social en el municipio de Amalfi, Antioquia, principalmente por parte de los empleadores y las consecuencias económicas derivadas
(Universidad Santo Tomás, 2024-05-16) Agudelo Roldán, Ruby Johana; Meléndez Lizarazo, Guillermo
Social Security in Colombia is slowly moving towards becoming a fundamental right for all Colombians beyond what is stated in the country's laws. Thus, the most remote areas continue to have a significant gap between formality and informality in labor. In Amalfi, Antioquia, the existence of this process is also a significant challenge in terms of the need for more adequate training that allows employers to receive relevant education to assist them in their economies and in formalization alongside their employees.
Posición jurisprudencial de la Corte Constitucional respecto de la reducción de semanas de cotización de pensión para las mujeres y su incidencia con el enfoque de género
(Universidad Santo Tomás, 2024-05-09) Fonseca Garcia, Laura Daniela; Pacheco Rojas, Cristian David
Social security in the terms adopted by the Political Constitution of 1991, became relevant and provided workers with a legal support for the insurance of contingencies that may arise within the contractual relationship, namely: illness, old age, disability and death. In 1945 the "Caja de Previsión Social de los Empleados y Obreros Nacionales" (Social Security Fund for National Employees and Workers) began operating under the provisions of Law 1600, which in parallel with the creation of other Social Security Funds financed and directed the health and pension of workers. As of 1967, the Social Security Institute (ISS) had under its direction and control the contingencies of old age, disability and death, to finally give way to the creation of Law 100 of 1993, which establishes the requirements for access to pensions for people throughout the national territory. The purpose of this paper is to analyze the requirements demanded by pension funds to access the old age pension, the change in the formalities proposed by the Constitutional Court and its impact on the Colombian population.
Propuesta de investigación sobre la percepción que tienen los trabajadores del sector Cacaotero en San Vicente del Chucurí respecto a riesgos laborales y Seguridad social
(Universidad Santo Tomás, 2024) Estevez Pinto, Leidy Katherine; Toloza Ahogado, Yuliet Tatiana; Melendez Lizarazo, Guillermo; Universidad Santo Tomas
The agricultural work in the towns of Santander employs a large rural dimension, whether as direct or temporary operators, thus exposing them to various types of risks. These include hazardous chemicals like fertilizers or pesticides, biological agents such as flowers, plants, pests, and insects, carcinogenic substances like herbicides, ergonomic risks from improper use of cutting equipment, fixed postures for extended periods, as well as the transportation of heavy loads and repetitive tasks. Moreover, there are risks associated with contact with wild animals or the use of agricultural machinery such as tractors and trucks, as well as excessively long working hours. The focus of this research is on the cocoa sector specifically in San Vicente de Chucurí, where employment conditions tend to be informal. Consequently, these workers are not affiliated with social security, meaning professional risk administrators cannot contribute to ensuring a safe environment or prevent work-related accidents and illnesses that could help keep workers healthy. The International Labour Organization (ILO) estimates that prevention is key to improving workplace safety and health. According to figures from the National Administrative Department of Statistics (DANE), as of February 2022, there were 3,128,000 people employed in agriculture, livestock, hunting, forestry, and fishing in Colombia. In 2021 alone, the Colombian Insurers Federation (Fasecolda) reported 59,310 work-related accidents, 70 occupational diseases, and 35 deaths in this sector. San Vicente de Chucurí, known as Santander's agricultural pantry and the cocoa capital of Colombia, produces 46% of the country's crops, thus generating significant employment opportunities for the region. However, most of its workers lack basic education or have inherited agricultural labor. Given this context, the research will focus on conducting semi-structured interviews with cocoa sector workers in San Vicente de Chucurí. The aim is to understand their perception and knowledge of occupational risks, as well as their understanding of the benefits of formal employment and social security affiliation. The collected data will be analyzed to identify relevant patterns and themes, with the goal of proposing recommendations to improve working conditions and worker safety in the cocoa sector in this region.
La Seguridad Social en Colombia
(Universidad Santo Tomás, 2024-03-04) Rodríguez Clavijo, Lina María; Mélendez Lizarazo, Guillermo
Social security is an essential component of the socioeconomic well-being of any society. For this country, with a complex history in terms of inequality and access to basic services, the social security system plays a crucial role in protecting and supporting citizens in time of need. This article examines the current state of social security in Colombia, focusing on its achievements, challenges and its impact on the well-being of the population. Relevant aspects such as health coverage, pensions, occupational risks and social assistance. Additionally, regional and socioeconomic disparities in access to and quality of social security services are explored, highlighting areas where improvements are required, through a multidisciplinary approach that combines quantitative and qualitative data. This study offers a comprehensive vision of social security in Colombia and suggests recommendations to strengthen this system, crucial for the well-being of all Colombians.
Régimen público y privado pensional en Colombia
(Universidad Santo Tomás, 2024-02-17) Llanos Medina, Jaime; Meléndez Lizarazo, Guillermo
The Colombian pension system poses a series of challenges and difficulties associated with inequality in benefit burdens, the value of contributions and allowances, and especially in the coverage and number of beneficiaries, which makes a reform of the system imminent, both in its structure, as well as in the requirements and formalities. Under this scenario, it will be necessary to validate the conditions under which projects and modifications will be developed in favor of financial coverage and sustainability versus basic principles of the legal system such as progressivity and the prohibition of regressivity, understood by national jurisprudence as the responsibility of the head of the state to guarantee greater inclusion and expansion of levels of well-being without undermining existing rights and benefits in terms of social security is concerned.
La Pensión de Vejez en Colombia
(Universidad Santo Tomás, 2024-02-15) Garcia Solano, Eylen Katherine; Alzamora Naranjo, Mayra Camila; Melendez Lizarazo, Guillermo
The problem that is raised in this research article, without a doubt, has its origin in monetary obligations, where it constitutes a factor of social inequality, a destabilizing element for the person and the family, by preventing access timely manner of their Old Age Pension and in accordance with the basic needs of the individual to a series of goods and services fundamental for the subsistence of any human being.
Herramientas de educación que implementa la UGPP para el cumplimiento de sus funciones legales y su impacto en la población colombiana
(Universidad Santo Tomás, 2024-02-14) Gómez Pascagaza, Carolina; Meléndez Lizarazo, Guillermo
The need to fill the information and education gaps in the social security sector in Colombia, among all key actors, is particularly important given the impact it has on people's lives. Promoting the culture of payment of parafiscal contributions of the Social Protection System is a challenge for the Pension and Parafiscal Management Unit -UGPP, which has implemented several actions that seek to accompany, facilitate and teach citizens the best way to comply with their parafiscal obligations and the timely enjoyment of their rights. This document comprises six sections, including the introduction, which discusses the purpose of the project. The second section briefly explains the description of the study problem, the justification for the proposal and describes the objectives. The third section describes the frame of reference, describing what the Pension and Parafiscal Management Unit has done to educate citizens while approaching them and gathering new information to face current challenges. The fourth section presents the results according to the comments heard about the image of the UGPP and its management, and the last section concludes and presents some suggestions for pedagogy and communication derived from this project.
Línea jurisprudencial de estabilidad ocupacional reforzada a la luz del artículo 26 de la Ley 361 de 1997
(Universidad Santo Tomás, 2024-02-14) Reyes Silva, Giovanny; Méndez Bayona, María Carolina; Melendez Lizarazo, Guillermo
The present jurisprudential analysis on reinforced occupational stability in the light of Article 26 of Law 361 of 1997, aims to show the rupture that occurs on the part of the interpretation of the law in citation and its conceptualization by the high courts, where its evolution shows that not only must the worker who already has a percentage of loss of work capacity be protected, but also the but in the same way those, who, without having been the object of this determination, are in the process of being qualified, or who are in weakness due to their health condition and require the protection of the State, so that the procedures, treatments or any other medical intervention, are not truncated by a decision of a contractual nature. That is why, in this exercise, the jurisprudential theses established in each of the different judgments under analysis of the Constitutional Court and the Supreme Court of Justice must be addressed. Identifying the respect for the law and especially the teleology of Article 26, taking it to a higher level of protection that is not visualized by the literal nature of the norm. Finally, it is important to note that despite the progress in jurisprudence, the decisions of the high courts have not been unanimous, so we find ourselves, like many matters of legal life that have to do with such sensitive fundamental rights, in criteria that will continue to be relaxed, even that will have to be subject to normative and regulatory redefinition.
Análisis Del Proyecto De Ley No. 293 De 2023 y La Implementación Del Modelo De Pilares En El sistema Pensional Colombiano
(Universidad Santo Tomás, 2024-02-14) Benitez Caballero, Cristian Camilo; Meléndez Lizarazo, Guillermo
Bill 293 of 2023, which is currently being, debated in the Congress of the Republic, presents an innovative proposal for our country, since it proposes establishing, a different system from the known old-age protection, system through the implementation of a pillar scheme that address the main challenges in terms of coverage, equity, sufficiency and sustainability that the General Social Security Pension System currently faces. This is why, first of all, it is proposed that men aged 65 or over and women aged 60 or over who do not meet the requirements to obtain a pension would receive a recurring income during their old age, as well as carry out the reduction in the number of weeks of pension for women, the family pension. Secondly, the new system would limit subsidies to the highest pensions, mitigating vertical inequality. Third, the reform would increase the monetary transfer of the social program for old age, promoting greater sufficiency and significantly reducing the incidence of extreme poverty in older adults. Finally, the sustainability of the system is strengthened in the component of the average premium regime, through the creation of a savings fund that will allow resources to be provided for the payment of future obligations derived from the reform.
Principales determinantes en la implementación de ética médica y su normatividad en Colombia en el ejercicio profesional desde la implementación de la ley 100 de 1993
(Universidad Santo Tomás) López Soto, Ángela Patricia; Mendoza Rodríguez, Jairo Alberto; Meléndez Lizarazo, Guillermo
This article provides a brief description of medical ethics, the most important regulatory provisions that govern medical practice in Colombia and that protect the right to health and life of Colombians; taking into account, in turn, the identification of the main limitations that health professionals have for the application of medical ethics in their professional practice. Likewise, the care model regulated by the General Social Security Health System (SGSSS) and the creation of Law 100 of 1993 are presented, in general terms, a system that seeks to guarantee access, quality and equity in healthcare. provision of health services for the Colombian population.
Análisis sobre las consecuencias jurídicas del incumplimiento de los deberes de los usuarios del sistema de salud colombiano
(Universidad Santo Tomás, 2023-05-28) Hincapie Lopez, Andres; Blanco Guarin, Laura Melisa; Cuadrado Siosy, Joyce Katherine
Much has been said about the rights of users, their special status, their connection with the right to life, health, social security, among others, even becoming an autonomous fundamental right with the Statutory Health Law. However, little is said about the duties of users of the health system, their nature, their consequences, and their relevance for the health system. The objective of this paper is to determine the legal consequences of non-compliance with the duties by users of the Colombian health system. To achieve this, an identification of the duties in the Colombian legal system is made, an identification of the consequences according to the Ministry of Health (MinSalud), and a review of the Constitutional Court's judgments on the matter from 2008 to 2023 is also conducted. The aim is to obtain a clear position on the application of consequences in both factual scenarios, both from the technical-legal aspect of MinSalud and from the legal-constitutional perspective of the Constitutional Court on the problem posed.
Autonomía de la voluntad en los procesos de nulidad de traslado de régimen pensional en la Jurisdicción Laboral de Bucaramanga
(Universidad Santo Tomás, 2023-05-16) González Montero, Andrés Eduardo; Cubides Güiza, Silvia Camila; Cuadrado Siosy, Joyce Katherine
In the analysis of the processes of nullity or ineffectiveness of the transfer of the pension regime, the concept of autonomy of the will must be fundamental for the mediation of judicial decisions, therefore, it is important to approach the interpretation made by the judges of the circuit of Bucaramanga and examine the rights that are linked, whether they are violated or protected. The above, due to the relevance of reflecting on the terms used by the legislator and the Supreme Court of Justice at the time of breaking down the contractual and constitutional obligations developed from the interpretation of the current regulations for these processes, compared to the obligations of the parties, without ignoring the autonomy of the will as a fundamental principle; also considering various gaps, confusions or ambiguities that the current interpretation may utter when applying it to specific situations where aspects of the autonomy of the legal assets of possible disposal of the parties intervene
Acatamiento al precedente jurisprudencial de la Corte constitucional respecto a la figura de allanamiento a la mora para el reconocimiento de la pensión de vejez en el régimen de prima media con prestación definida desde el año 2015 a 2020
(Universidad Santo Tomás, 2023-04-03) Porras Forero, Claudia Juliana; Meléndez Lizarazo, Guillermo
In pension matters, the worker's social security contributions are subtracted, but it is the employer who is responsible for deducting the corresponding contribution from the worker's income and in turn adding the percentage in charge, and proceeding to transfer said values to Colpensiones, entity that in turn is in charge of collecting and managing said contributions to then grant the economic benefits that may apply, including old-age, disability, survivor pensions or compensation. However, when the employer fails to comply with its obligation to make timely contributions to the pension system and Colpensiones, accepts the extemporaneous payment of the contributions or does not advance the respective collection procedures before the omitted employer, it generates negative consequences for the worker, a situation that in many cases generates not being able to access the recognition of the economic benefit. It is for the above, that this work seeks to show the current position of the Constitutional Court against the omission of collection actions by the Pension Administrator through the review of rulings issued in the selected period.
Ventajas y desventajas del régimen pensional de los docentes en Colombia, Chile y Uruguay
(Universidad Santo Tomás, 2023-04-04) Barriga Bolaño, Brigith Melissa; Gómez Díaz, Daniela; Meléndez Lizarazo, Guillermo
This research is carried out with the purpose of knowing the advantages and disadvantages of the pension system for teachers in secondary education in Colombia, Chile and Uruguay, based on requirements for access to pension rights, that is, the age, the time of service paid into the pension fund and, in addition, the materialization of the principles of the social security system, such as efficiency, universality and solidarity.
Obligatoriedad De Afiliación Al Sistema General De Riesgos Laborales Con Ocasión A Un Contrato De Prestación De Servicios
(Universidad Santo Tomás, 2023-03-22) Vecino Chaparro, Carlos Felipe; Delgado Lara, Mabel Cecilia; Meléndez Lizarazo, Guillermo
From a systematic study of Colombian regulations, specifically the Political Constitution of Colombia of 1991, Law 1562 of 2012 and the concepts published by public entities as actors of the General System of Occupational Risks, there is evidence of uncertainty regarding whether of the affiliation to the statement of the system in front of the people linked by Contract for the Provision of Services, is mandatory or voluntary. Thus, the essential purpose of this work is focused on establishing the obligation of affiliation to the General System of Occupational Risks on the occasion of a Contract for the Provision of Services. For this, a legal investigation with a qualitative approach was carried out, in addition to a bibliographic review focused on compiling the existing foundations and regulations regarding the aforementioned System. Pursuant to the above, we proceed to detail the affiliation to the General System of Occupational Risks with respect to a contract for the provision of services, to later determine the obligatory nature of affiliation to the General System of Occupational Risks within the framework of a contract for the provision of services

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