Debilidad manifiesta

Article 13 of the Political Constitution established that the State will especially protect people who, due to their economic, physical or mental condition, find themselves in a circumstance of manifest weakness, which is a guarantee derived from the principle of equality and non-discrimination. The Court The Constitutional Court has interpreted that as long as a worker is in a condition of manifest weakness due to health, he/she cannot be discriminated against and much less lose the option of work, which is where his/her income comes from for subsistence and to continue contributing to the General Social Security System. in health.

 This interpretation of the Constitution has been effective in terms of protecting the job stability of workers, and has revolutionized the labor legal framework in that it has forced a different use to be made of certain contractual modalities in which the autonomy of workers no longer predominates. the parties to define its termination but the constitutional principle of non-discrimination and job stability.