Estabilidad laboral reforzada de la mujer embarazada

Arenas Mercado, Carolina | 2016-12-15

This paper deals with the legal problem of deep social resonance, which refers to the guarantee of the labor rights of working women in pregnancy, during or after childbirth, as well as in the lactation period, which Are being violated by many employers, in violation of the different treaties issued by the international labor organization, as well as by the specific provisions established by the Colombian Constitution, the Labor Code, among others. Jurisprudence has developed a principle superior to labor stability, a principle that has been called reinforced labor stability, which seeks to ensure the stability of the worker and in particular the woman in pregnancy, according to this, to dismiss these employees is not Sufficient with the existence of the just cause contemplated by labor law. On the other hand, this work analize what it was expressed by the Constitutional Court,viewing the importance of the topic of maternity law, the diversity of existing jurisprudential criteria and the large number of non-systematic pronouncements that had taken place in the Court, Unification Code SU-070 of 2013, which was an immense effort to collect and systematize the positions that had been adopted about the subject in the Constitutional Court and to make clear, from a unified criterion, the applicable rules regarding the Reinforced labor stability of women in pregnancy or lactation.