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Guardianship for dismissal without just cause

How to file a tutela for dismissal without just cause. One of our labor lawyers explains what you should know about this procedure.

Through Decision 7573, issued by the Ministry of Labor on January 27 of this year, it was established that the tutela action as a tool to obtain reinstatement or compensation for dismissal without just cause is exceptional, i.e., it only proceeds in very particular and specific cases.

Requirements for filing a Tutela action for dismissal without just cause

The foregoing is based on the fact that, if this were not the case, it would distort the concept of guardianship, by affirming that because a person is not allowed to continue working, the reinstatement to the position can be ordered by guardianship.

Thus, since the tutela action is an exceptionally applicable figure, which should be used only when the plaintiff has no other defense mechanism, the tutela action is only applicable when the unjustified dismissal affects the fundamental rights of the worker, and also when the worker is in a state of defenselessness or enjoys reinforced labor stability due precisely to his special state of defenselessness.


for example when the person who is unjustly dismissed is a pregnant woman.


In this order of ideas, the Ministry of Labor concludes that a public or private sector worker may resort to a tutela action when he/she considers that he/she has been dismissed without just cause, but only if certain requirements are met, as stated by the Constitutional Court in Decision T-546 of 2000, which has been reiterated by the Court in its jurisprudence.

Otherwise, the ordinary labor jurisdiction should be addressed, since, as mentioned above, the tutela should be resorted to when there is an evident affectation of a fundamental right of a person in a situation of manifest weakness.

In our law firm in Medellin and Bogota, Cuadro Legal, we have expert labor lawyers in this type of procedures, contact us.

Written by Alejandra Cardona M

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