Publicación: Alcance jurídico de la estabilidad laboral reforzada en el periodo de maternidad y la lactancia, frente a los contratos por obra o labor en Colombia
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Within the social State of law, adopted by the Political Constitution of 1991, the defense of those who due to their condition of weakness and defenselessness may be discriminated against and violated by offensive actions by the State and individuals has been promoted. Bearing in mind that the constitution not only recognizes fundamental rights, but even promotes them, through legal instruments it confers on those involved real protection and not simply formal protection. The Constitutional Court has granted protection to different people because they are in private circumstances. Both in the judgments of constitutionality and in the review of decisions of guardianship, priority has been given to the right to work and the special protection that this group of people enjoy In this sense, it is taken as a starting point for the development of this work, the application at the time of finishing the worker in pregnancy or lactation period the contract agreed within the modality of fixed term as is the case of the contracts for work or labor that upon termination of the object for which it was contracted, is terminated without estimating the state of protection that the state provides for reinforced job stability. Thus, it was established as a general objective the legal scope of enhanced labor stability in the period of maternity and breastfeeding, compared to contracts forwork or work, drawing the scopes through the analysis of the reinforced work stability figure, followed by the requirements for dismissal and finally the support of the concept by the Constitutional Court that substantiate the problem. In response to these considerations, the monograph is structured in three chapters that cover special protection under enhanced labor stability in the period of maternity and lactation; which have the right to enjoy enhanced labor stability, taking into account their limitations. The normative regulation, the basic guidelines of the constitutional jurisprudence and of the supreme court of justice in the matter, and the mechanisms of protection against the unjustified dismissals of the employers; Initially, it develops a constitutional and legal framework of reinforced labor stability, followed by a jurisprudential concept that describes the protection and protection of the reinforced labor stability these people hold. Considering the applied legal and descriptive methodology, given the study of all the related regulations, doctrine and jurisprudence, and for the presentation of the results obtained from the field work, through the actions of tutelage presented for reinstatement, headed by women that, under reinforced labor stability, they were removed from their positions, a fieldwork was carried out consisting in the collection of statistical information on the number of guardianships presented in the years applied to the 2013, 2014 and 2015 research, and the modality 10 of interviews to the 1st and 2nd Municipal Criminal Judges, whose objective was to define in addition to the high margin of dismissal of women in maternity and breastfeeding period, which would allow to expand and sustain the criteria handled by the officials in charge of custody decisions , with respect to the scope that today represents in the figure of the reinforced labor stability, also, to strengthen the knowledge that is had, which has been evolving through the normativity and the jurisprudence.