Análisis del Concepto del Principio In Dubio Pro Trabajador en el Derecho Laboral Colombiano

Abstract

This paper legally analyzes the application of the principle of in dubio pro trabajador (when in doubt, rule in favor of the worker) in Colombian labor law and evaluates its impact on small and medium-sized enterprises (SMEs). To this end, it examines the principle's evolution, doctrinal foundation, and normative development from legal, constitutional, and jurisprudential perspectives. This research demonstrates that this principle constitutes an essential guarantee of the labor system in the face of interpretive doubts, which must be resolved in favor of the worker. Likewise, the concept of SMEs in Colombia will be examined, along with their importance in the country's economic development. From a critical perspective, the paper analyzes how the application of this principle can generate economic risks when the burdens arising from labor litigation exceed the employer's fi nancial capacity. Therefore, the paper argues for the need to harmonize the eff ective protection of labor rights with the economic sustainability of SMEs, thereby preserving both business stability and worker dignity.