La indemnización por despido intempestivo a las personas que tienen a su cargo una persona con discapacidad

Abstract

The right to work arises from an inalienable and indivisible universal principle of everyone in a society. However, the struggle for this right has not been easy; it has taken more than nine centuries and the immolation of thousands of lives for the world’s states to understand that access to a job results in a livelihood for a dignified life. This is why this right must be respected and claimed in case of violation, especially when it concerns access to a job for a disabled person or someone who cares for a person with a disability that allows them to live a normal life. Before the recent interpretations of the Constitutional Court, access to benefits in the event of an untimely dismissal required that the person had the status of ''substitute'' within the company. This could only be achieved with the employer's consent using the certificate issued by the corresponding institution. This was a clear violation of rights, leaving this priority group unprotected. It should be recalled that untimely dismissal is considered an unjustified termination of the employment relationship by the employer without prior notice. In other words, the employer's unilateral decisionviolates the rights to labor stability and the right to work