La estabilidad laboral reforzada de prepensionados en los contratos de prestación de servicio en Colombia

Abstract

Being one of the purposes of the Social State of Law to achieve the materialization and effectiveness of the rights of all citizens through the actions of the authorities and the work carried out in all areas of the powers that comprise it, always observing the guidelines of the Political Charter and international regulations that reinforce and specify the protection of rights through international instruments, conventions, recommendations and pacts that oblige the States that sign and ratify them to keep them in mind and comply with them, especially when it comes to of human rights and social rights, which has allowed progress to be made in the realization and materialization of the principles of progressivity of these rights. Within this accumulation of principles and rights we have the right to job stability that emanates from Article 53 above, becoming one of the most important in terms of the materialization of social rights and that have had a great jurisprudential development protecting workers with employment relationships and in several cases in service provision or other forms or names, where the protective figure of reinforced job or occupational stability has been accurately applied. The main objective of this work is to analyze the protection of the pre-pensioner linked through the Service Provision Contract within the framework of the right to equality, with respect to people linked in an employment relationship or with a legal or regulatory relationship. Thus, as its development progresses, the most important pronouncements of the High Courts on the foral protection of the different existing jurisdictions in Colombia are analyzed, such as the jurisdiction for disability, maternity, paternity, union, for workplace harassment, protection of the woman head of the family, father head of the family, protection of the kidnapped, seeking to know in depth the situation in which the pre-pensioned with a service provision contract are ESTABILIDAD LABORAL REFORZADA DE PREPENSIONADOS 12 found when they are on the verge of acquiring their pension status, finding a regulatory gap regarding Despite all the advances that have been made over time in the protection of this population in a situation of manifest weakness due to the lack of protection and uncertain guarantee of having an economic income that allows them to have a decent life in the last stage of their life in good conditions of social, economic and social security well-being to the.