Línea jurisprudencial de estabilidad ocupacional reforzada a la luz del artículo 26 de la Ley 361 de 1997

Abstract

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.