Despido indirecto en el marco del contrato de trabajo en Colombia
Barceló Canedo, Ninibeth Beatriz
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AbstractThe present investigation is directed to establish the conditions that must be fulfilled so that a dismissal is considered as indirect and its implications within the labor market. Authors define the indirect dismissal as "the termination of the work contract, decided by the worker, observing the procedure that the law indicates, motivated because the employer incurred cause of expiration of contract that is imputable, which entitles the worker so that the court orders the payment of the substitution compensation of the previous notice and of the years of service with more legal surcharges (Thayer and Novoa, 1998). Hence, the Substantive Labor Code enshrines this legal concept in Article 64 numeral 2, the code, jurisprudence and doctrine are fundamental sources for this legal research which is purely qualitative. Another important factor is the unemployment figures of the country according to the DNP (2018), which was 9.4% in March 2018; for March 2017 it was 9.7%, which means that 130 thousand more people were employed in March 2018. The employed population was 22 million 62 thousand people in March 2018, the highest level for this month since there is comparable figures (2001. The above allows us to show the current status of the employability and labor linkage situation in Colombia, which is directly related to the constant termination of employment contracts using all kinds of arguments from employers to dissolve the bonds and save the indemnities contained in the Law. Through this work we seek to analyze the necessary elements within the indirect dismissal treatment based on the fact that the norms under study leave the worker in a situation of vulnerability from the level of descriptive research where the characteristics and requirements that must be met are specified so that a dismissal is considered as indirect in the Colombian legal legislation. We must also mention the direction to characterize the relationship between the figure under study and workplace harassment, which bring together some common elements, which are studied thoroughly within the body of work. The considerations of the norms object of study take to raise the characteristics within which the investigation should be developed, within the frame of the social reality in direct opposition of the regulating norms of the indirect termination of the work contract The considerations of the few existent normative dispositions and the study of the positions of the doctrine with respect to the research subject, it is sought to specify the properties, the characteristics of the submitted figure which is framed in the level of descriptive investigation, all this leads to conduct a study under the descriptive level of the characteristics that support the indirect termination of the employment contract, its applicability, the application process within our legal system and the alleged legal gap.