ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
Las diferentes posturas de las altas cortes en materia de fuero de salud han generado percepción de inseguridad jurídica para los trabajadores con discapacidad y grupos sindicales
The health Law (or healt forum) as a legal institution was created by Law 361 of 1997. Since then, this figure has had a broad jurisprudential development mainly by the Labor Chamber of the Supreme Court of Justice and the Constitutional Court, what has turned out that currently there are differential positions of both courts on the interpretation and scope of the jurisdiction of health. In judicial practice, this phenomenon has led to similar cases has being ruled in different ways, and this can generate legal uncertainty for both workers and employers with the unfavorable consequences that this entails in the dynamics of the labor market (for intance, abuse of figure of health law, disincentive in the hiring of people with a situation of disability or deterioration in health). Under this context, the objective of this publication is to determine if there is a perception of legal insecurity in the concept of Health Law. To achieve this objective, a qualitative research methodology was used, through semi structured interviews with union leaders representing the working population and a representative of a Foundation that helps people with disabilities. The answers given by the interviewed sample will be contrasted in order to establish convergent and divergent points on the Strength of Health or Work Stability Reinforced for health reasons. Finally some conclusions will be offered,