Just Cause Dismissal Colombia: Employee Diseases

Chronic or disabling illness can be grounds for dismissal in Colombia after 180 days, but The law requires prior authorization from the Labor Inspector to protect the employee from unjustified termination.

These are the causes for dismissals with just cause:

1. Deception by Fake Certificates
2. Violence/Indiscipline at Work
3. Serious Violence Off Duty
4. Material Damage or Gross Negligence
5. Immoral or Criminal Act
6. Serious Violation of Obligations/Prohibitions
7. Prolonged Preventive Detention
8. Revelation of Secrets
9. Poor Performance
10. Systematic Non-Execution of Obligations
11. Vice that Disrupts Discipline
12. Reluctance to Health Measures
13. Job Ineptitude
14. Pension Recognition
15. Prolonged Disabling Illness or Injury

What is the balance between health and the employment contract?

The unilateral termination of an employment contract by the employer, based on just cause, is strictly defined by the Substantive Labor Code (CST) in article 62.

Although the law lists 15 specific reasons that justify this decision, Cause number 15 is the one related to the worker health, requires detailed understanding and a rigorous process due to the reinforced job stability that assists sick people.

The CST establishes that the contract can be terminated unilaterally by the employer if any of the indicated causes arise. Cause 15, in particular, addresses health situations that generate a prolonged and permanent disability for execution of the work.

What is the 180 day rule?

The Colombian labor law allows the employer to consider terminating the contract when the worker’s illness or injury meets certain characteristics and deadlines.

Conditions of Ground 15:

• It must be a disease contagious or chronic other than professional character.
• Alternatively, it may be any other illness or injury that incapacite to the worker for your work.
• Healing this condition must not have been possible for one hundred eighty (180) days.

It is essential to understand that dismissal for this reason can only be carried out once that period of 180 days has expired. Furthermore, even if just cause is established, the employer maintains the obligation to assume the benefits and legal compensation and conventional that derive from the disease.

Since this cause directly affects the fundamental rights to health and work, its application is subject to strict procedural requirements that seek to protect the employee.

Key Requirements in Case of Dismissal due to Illness:

1. 15 days advance notice: For the causes that range from numerals 9 to 15 of Article 62 of the CST, the employer must notify the worker of the decision to terminate the contract in advance. not less than fifteen (15) days. These should be counted as calendar days.
2. Inspector Authorization Work: The jurisprudence of the Constitutional Court has determined that dismissal or termination of the contract motivated by the health situation of a worker has no legal effect if there is no prior authorization from the Labor Inspector.
3. General Due Process: Even if the cause exists, the employer must guarantee the worker’s right to defense, which includes summoning him to a defense hearing, clearly informing him of the alleged facts and giving him the opportunity to present his arguments and evidence.

If an employer proceeds with the dismissal without the authorization of the Labor Inspector, the dismissed worker will have the right to compensation equivalent to one hundred and eighty days’ salarywithout prejudice to other benefits that may apply.

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