La garantía constitucional del fuero sindical de los directivos sindicales vinculados mediante contrato a término fijo

Abstract

The objective of this research is to analyses the effectiveness of the right to trade union immunity as an instrument of reinforced job stability for trade union officials bound by a fixed-term contract, within the framework of its termination due to the expiry of the agreed fixed term, without prior judicial qualification, based on a systematic method that allows the Colombian legal framework to be considered as a whole. that is, considering the constitutional recognition of the guarantee of trade union immunity and the way in which it has been applied since the definition of the Substantive Labour Code, including the recognition of this figure by international law. In application of the above-mentioned methodology, it has been found that the judges in the tutela proceedings have given differential treatment to trade union immunity with respect to other types of immunity, and also divide the applicability of trade union immunity according to the type of contractual relationship, that is, if the manager is linked to a fixed-term contract. Enhanced job stability is not granted, while those linked through an open-ended contract are granted this prerogative, pursuant to the substantive labour code and in disregard of the constitutional nature of trade union immunity. Therefore, it is necessary to make a change in the collective labour law in force in order to comply with the purposes of the constitutional guarantee of trade union immunity