Estabilidad laboral reforzada en trabajadores privados prepensionados

Abstract

Since the enactment of the Political Constitution of 1991, the treatment of Labor issues in Colombia has changed radically, this is mainly due to the provisions of articles 13, 43, 44. 46, 47 and 53 of the Constitution that constitute the cornerstone and essential of Colombian labor law along with international treaties, such as, Protocol of the Salvador to the American Convention on Human Rights-1988, approved by Congress through the law 319 of 1996 art 7; in the same sense, the Universal Declaration of Human Rights of the UN-1948 art.55, and the American International Charter of Social Guarantees of the OAS-1948, art.19. This change in the constitutional theme is due to the so-called constitutionalization of law, understood as the legal phenomenon by which the entire legal system of a country is permeated from its interpretation and application by the Political Constitution; what it entails, that the Charter is compulsory the primary norm, from which all decisions must be released according to law.