The pendular movement of labor stability reinforced by health in Colombia and Spain

Abstract

The conflict between labor stability reinforced by worker's health and the right to business performance is exacerbated when the worker is dismissed. Spain and Colombia do not have a solution due to the absence of rules in this regard and the validity of other de-contextualized laws, which is the reason to go to court. The Spanish courts consider that long-term incapability does not constitute a disability, thus rendering the decision inappropriate; the Colombian courts agree to the dismissal of the discharged worker, when the company has just cause and follows due process. The European Union Court of Justice opening a new legal path, considering the inclusion of the long-term sick worker as a disability and the dismissal under these conditions is discriminatory.