Estabilidad laboral por debilidad manifiesta en salud: Omisión estatal, inseguridad jurídica y alternativas para remediarlas.

The Constitutional Court has built a line of jurisprudence in which it develops the concept of manifest weakness due to health and the protection that employers must give to workers who find themselves in this situation, in the sense of guaranteeing them reinforced occupational stability. However, despite the fact that the requirements have been established for said stability to operate, in judicial practice it happens that some decisions ignore them and grant protection to workers whose health condition does not prevent or make it difficult for them to carry out their work, generating a disproportionate use of this figure and even a possible responsibility of the State for judicial error. Likewise, these excesses in judges' decisions cause legal insecurity and affect those who, despite being sick, can work, since some employers prefer not to hire them to avoid having to assume said stability in the future.

For this reason, this legal investigation was carried out, in which equitable constitutional alternatives are proposed to promote the unification of the criteria for practical application of reinforced occupational stability, the cases in which the Ministry of Labor must authorize terminations are established. of contract for objective reasons, the reasons why there is responsibility of the State for judicial error are evident when enhanced occupational stability is granted without meeting the requirements established in jurisprudence and, consequently, there is a duty to repair damages to his position and a mechanism is proposed that allows him to fulfill his constitutional obligation to advance a policy of welfare, rehabilitation and social integration for the physically, sensorially and mentally handicapped, and guarantee with his resources the labor reintegration of those who suffer from certain health conditions. health.