Few workers know that Substantive Labor Code (CST) in Colombia contemplates a cause that allows a contract to be terminated due to prolonged illness.
According to the Ministry of Laborthe CST is the norm that regulates labor relations in the country, both in the public and private sectors.
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What does the law say about dismissal due to illness in Colombia?
According to him numeral 15 of article 62companies could terminate an employment contract when an employee has been incapacitated for more than 180 days, as long as certain formal requirements are met.
The standard textually indicates that “the contagious or chronic disease of the worker, which is not of a professional nature, as well as any other illness or injury that incapacitates him for work, the cure of which has not been possible for one hundred and eighty days”constitutes a legitimate cause for unilateral termination of the employment contract.
The Ministry of Labor must authorize any dismissal due to prolonged disability. Photo:stock
However, the same article states that “dismissal for this reason cannot be carried out until the expiration of said period” and that this situation “does not exempt the employer from the legal and conventional benefits and compensation derived from the illness.”
In addition, the employer is obliged to communicate its decision at least 15 days in advance.
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Requirements and conditions that must be met
To apply this cause without incurring irregularities, companies must comply with a series of conditions:
- Minimum duration of disability: It can only be invoked if recovery has not been possible after 180 days.
- Non-occupational origin of the disease: It does not apply to illnesses or accidents of a professional nature.
- 15 days advance notice: The worker must be notified in advance.
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- Authorization from the Ministry of Labor: The company must request it before dismissal, and the Ministry will evaluate that there is no discrimination due to disability.
- Compliance with legal obligations: The employer remains obliged to pay the corresponding benefits and compensation.
- Application in any type of contract: Prior authorization applies even to fixed-term contracts.
The CST establishes the conditions under which a company can terminate the contract. Photo:stock
The Ministry of Labor has the power to verify on a case-by-case basis that the application of this cause does not constitute a measure of discrimination towards the sick worker.
What are the implications for companies and employees?
The possibility of applying this provision implies responsibilities for employers, who must carefully document the process and manage the ministerial endorsement.
Likewise, Workers with long-term disabilities or chronic illnesses should be attentive to have their labor rights and guarantees respected.
If an employer dismisses without prior authorization or without valid cause, The decision could be considered discriminatory or unjustified, which would open the door to lawsuits before labor courts.
*This article was made with AI based on information from the Portfolio and the Substantive Labor Code. Additionally, it was reviewed by a journalist and an editor.
