How to file a writ of protection for dismissal without just cause? One of our labor lawyers explains what you need to know about this procedure.
Through Concept 7573, issued by the Ministry of Labor on January 27, 2021, the writ of protection (acción de tutela) was established as a tool to achieve reinstatement or compensation for dismissal without just cause; it is exceptional, meaning it applies only in very specific and concrete cases.
When a writ of protection for dismissal without just cause does apply
According to Concept 7573 of the Ministry of Labor (2024) and Judgment T-546 of 2000 of the Constitutional Court, a worker may file a writ of protection if:
- The dismissal violates fundamental rights.
- The worker is in a state of defenselessness.
- There is reinforced labor stability, for example:
- Pregnant women.
- Persons with disabilities.
- Workers with trade union immunity (fuero sindical).
- Persons in a special condition of vulnerability.
When a writ of protection does NOT apply
If the worker has ordinary judicial mechanisms available (such as labor jurisdiction), they must turn to these to claim compensation or reinstatement.
Therefore, these are the requirements for filing a writ of protection for dismissal without just cause:
Draft the writ of protection explaining:
- Facts of the dismissal.
Fundamental rights affected.
Reason why no other effective protection mechanism exists.
Present the writ before a constitutional judge. - Provide evidence (dismissal letter, contracts, medical records, or certifications in cases of reinforced stability).
The writ of protection is a constitutional mechanism to protect fundamental rights when no other means of defense exists. In the case of dismissal without just cause, the writ does not apply generally, but only in exceptional situations, as described above.
In conclusion, a writ of protection for dismissal without just cause is not the general rule, but the exception. If the dismissal directly affects fundamental rights under conditions of special protection, it may be the appropriate path. In all other cases, a lawsuit must be filed before the labor jurisdiction.
Seek legal advice before filing a writ of protection, whether you are an employee or an employer, to avoid unnecessary expenditures of time if you face this scenario.
