Augmented protection against dismissal: key legal insights to know

Abstract

The analysis focuses on the Colombian constitutional and legal framework that regulates Augmented Protection Against Dismissal for workers with disabilities or health conditions that impact the performance of their job duties. In Colombia, this protection is not conditioned solely on formal disability certification, but rather on the material condition of vulnerability and the risk of losing employment. Through Decisions: C-531/00, C-744/12, and SU-049/17, the Constitutional Court expanded this guarantee by requiring prior administrative authorization for termination, establishing sanctions when such authorization is not obtained, and extending the protection not only to standard employment contracts but also to service contracts when health conditions generate health-related functional dependency, necessitate preservation of the employment relationship, or cause a substantial detriment. Law 2466 of 2025 further introduces specific employer obligations related to inclusion, hiring quotas, reporting duties, and reasonable accommodation, aligned with the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This regulatory development reflects a permanent tension between safeguarding Augmented Protection Against Dismissal and the operational, systemic, and corporate governance requirements present in the country. Strengthening effective implementation requires improving institutional coordination, monitoring processes, and internal management mechanisms that ensure real compliance, prevent deterioration of the level of protection already achieved, and promote more inclusive workplace environments in Colombia.