The job stability reinforced is a legal concept initially produced by the Colombian Constitutional Court, i.e., a standard created by the Court, and subsequently defined by the Lawgiver. However, the latter does not provide clarity on the circumstances of each application in their cases, as they do the Judges.
This concept stems from a constitutional principle is that, people who are in vulnerable circumstances and manifest inferiority, are entitled to effective protection by the State. The concept mentioned above, fits the situation of pregnant women, who are entitled to stay in office regardless of the nature or term of labor linking. We will explain how that figures works.
The right to protection of the working woman in a state of pregnancy is in top form in the Colombian Constitution. That is why the authorities have deployed their efforts towards the realization of this principle. That’s why not only limited to the provisions of the law, the Constitutional Court had been established by way of Court, in its Judgment T-126 of 2012, a series of characteristic points of this law, among which it is worth highlight the following:
- This right is acquired and must be respected, regardless if the employee is under work contract or servicing agreement, or if it is public officer career or free appointment and removal.
- Applicable Legal protection even if the worker did not inform her employer for her pregnancy.
- In special circumstances, the legal protection extends even more than the terms laid down in the contracts to fixed-term or beyond the contracted work, in the work, since they can be hidden under this formality a reality of indefinite-term contract.
This right is a maternity leave and payment of wages during the term that lasts that is twelve weeks. When this right is violated, dismissal is void, i.e., when no prior authorization requests the competent labor inspector. The result is that the dismissal will like it never happened, with the consequent right to receive wages, social benefits and social security contributions, plus compensation and sanctions proceed against the employer, as the context requires.