Supuestos de omisión en la afiliación : la evolución legislativa y jurisprudencial de la sala laboral en la protección frente a la contingencia de la vejez

Abstract

The Colombian legal system has sought to guarantee universal and efficient protection against the contingency of old age as an inherent obligation of human labor. Throughout the history of labor law and social security in the country, this protection has taken various forms and has been entrusted to different actors. Due to the fact that the protection of this risk has been defined and redefined by each of the regulatory regimes that the legislator has designed, difficulties have arisen in the normative succession during the implementation of each regime. These difficulties have represented obstacles in the recognition of pension rights for Colombians, with the most common cases being those related to the omission of affiliation. Therefore, invoking the guarantee of fundamental rights, the Labor Chamber of the Supreme Court of Justice has refined its jurisprudence, attempting to address these difficulties that have significantly affected the minimum labor rights of workers for many years.