Estabilidad laboral reforzada de las madres y padres cabeza de familia y del prepensionado como sujetos de especial protección constitucional en el sector privado : análisis jurisprudencial del Retén Social, Ley 790 de 2002.

Abstract

The Constitutional Court has issued multiple judgments regarding the so-called "Social Retention", promoted by Law 790 of 2002 on the program of renewal of public administration, aimed at guaranteeing the effective protection of public servants belonging to a population group with conditions of manifest weakness, such as mothers and fathers head of family and people close to retirement; people who, due to the termination of their employment contract, may be affected by their interests and those of their family, their economy and their rights as workers, the minimum wage and social security. With regard to this point, the Constitutional Court has endeavored to establish, through jurisprudential rulings, the concepts, requirements for access to greater labor protection and the scope of the application of social security in both the public and private sectors. The purpose of this document is to analyze the different pronouncements of the Constitutional Court that have touched on the relevant points in terms of social retention of mothers and fathers head of family and of people close to retirement, as subjects of special protection and of the extension to the private sector, with the intention to determine where the Constitutional Court is going with respect to the subjects that claim the protection established by Law 790 of 2002.