¿Cómo Derruir la Culpa Patronal en la Actividad Subterránea de Extracción de Carbón en Boyacá?

Abstract

This paper condenses and clarifies the legal elements developed by the Labor Cassation Chamber of the Supreme Court of Justice, which mining employers engaged in underground coal mining in Boyacá can use as the basis for their defense strategies in civil liability lawsuits for employer fault, in which they are the passive party. This is in light of the fact that this industry has the highest rates of workplace accidents and occupational diseases in the country. The goal is for the employer to adhere to the grounds for acquittal in order to achieve a similar outcome.

The strategy certainly begins by avoiding and destabilizing the establishment of the elements of the claim by the plaintiff, as an obligation imposed by the subjective liability regime outlined in Article 216 of the Labor Code (CST).