Remove requirement for approval of the Ministry of Labor to terminate the employment contract for just cause to disabled worker, is constitutional

The legal decision to eliminate the requirement for authorization by the Ministry of Labour, when the disabled worker commits any conduct described by the law as just cause for termination of his contract, does not infringe the rights to equality and due process .

This is considered the Attorney General's Office, Alejandro Ordóñez Maldonado, to request the Constitutional Court declared the constitutionality of Article 137 of Decree Law 19 of 2012.

The standard defendant, which amended Article 26 of Law 361 of 1997, states that "not require authorization from the Ministry of Labour when the limited worker commits any of the grounds set out in the Act as to give just cause for terminate the contract. Always guarantee the right to due process. "

For the chief prosecutors, the law demanded, referring to a situation different from the disability to terminate the employment contract, namely the just cause, does not deny the constitutional provisions.

He explained that the employer, when he argues the just cause to terminate an employment contract, you must assume and discharge the burden of proof and further action after the dismissal of the employee, in accordance with due process, enshrined in Article 29 of the Constitution .

For the Attorney General's Office, if it is true that the state should promote access for people with disabilities into the labor market so that their right to equality is real and effective, this does not imply that it should also cover people of consequences arising from their behavior when they fall within the parameters established in the law as just cause to terminate employment contracts.

"To think that the disabling condition is a pass with impunity for any conduct, including those classified as just cause to terminate the employment contract, exceeds the protection of disabled people," he said.