Scope of the legal institution of “enhanced stability” is extended
The Constitutional Court of Colombia stated that the legal institution of “enhanced stability” is not limited to workers with disabilities but instead also includes workers who have a temporary leave of absence mandated by their treating medical professional. This is especially important when employers are planning to dismiss a certain person.
The legal institution of “enhanced stability” it is established when: (i) the worker suffers from a health condition that impedes or substantially hinders the performance of his or her duties under regular circumstances; (ii) the employer has prior knowledge of said health condition before dismissal and (iii) there is a lack of sufficient legal reason for unilateral termination, which if undertaken would result in discrimination.
Therefore, when employers decide to dismiss a person who has a medical leave of absence, they must previously notify the Ministry of Health and Social Protection to obtain its authorization. Otherwise, unilateral termination would be illegal.
Contact us for more information.