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La acción laboral para la reclamación de salarios: una mirada desde los derechos humanos laborales y su imprescriptibilidad en el garantismo constitucional
| Content Provider | Semantic Scholar |
|---|---|
| Author | Peláez, Juan Sebastián Pineda Porras, Johan Camilo Peñaloza Alvarado, Diana Alejandra Bermúdez |
| Copyright Year | 2017 |
| Abstract | The Colombian Constitutional Court states in judgment C 072 of 1994, that the concept of prescription of labor actions is constitutionally viable, arguing that it constitutes protection by the worker, in addition, that it strengthens the principle of legal certainty, considering the promptness of the specific claim. However, it does not respond to the detailed study of the rights and guarantees of the worker, does not perform an examination of fundamental rights and excludes the conception of work as the end of the State. On the other hand, important are the objections of the Constitutional Court to consider that payments of wages constitute fundamental rights, as they are considered directly related to the rights to life, health and work. The above, makes them true and in turn imprescriptible, then, in factual situation: with respect to the worker who after termination of the employment relationship does not timely claim to the jurisdiction the payment of wages owed by the employer, for any reason the prescription could operate Of action. It is so important to carry out the conceptual analysis of Sentence C 072 of 1994, since, we can see the structural problems in the labor regulations, it has been seen as countries of the region that have public policies of a programmatic and progressive nature, sustained In a Social State of Law that responds for the protection of labor rights, in Colombia, there are still pending legislative tasks that are directed to the social reality. For this reason, it is necessary to raise the idea of a normative change regarding the prescription of the action, a situation that will protect the worker's wage interests. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.unilibre.edu.co/bitstream/handle/10901/11045/AN%C3%81LISIS%20DE%20LOS%20DELITOS%20INFORM%C3%81TICOS%20EN%20EL%20ACTUAL%20SISTEMA%20PENAL%20COLOMBIANO%20revisado%20NHJ%20OK.pdf?isAllowed=y&sequence=3 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
