Restricciones en la estabilidad laboral del personal académico de instituciones de educación superior particulares.

Abstract

The Ministry of Labor, on December 24, 2020, issued the Ministerial Agreement number MDT-2020-286, through which the special work regime for teaching staff of higher education institutions was resolved. This agreement generates a restriction on the right to job stability that these workers have and we can corroborate it in such a way that the State guarantees this direct application of constitutional norms and international human rights instruments whenever they are the most favorable, even without being invoked by the defendants. This right, which is so important, since the existence of a norm cannot be alleged that, with the criteria that this special labor regime governs, undermines human rights, taking into account that it refers to the right to work, which is guaranteed with all their social benefits by law and the Constitution of the Republic.