Reinforced labor stability for workers bearing HIV/ AIDS.

T-277/2017

REINFORCED LABOR STABILITY FOR WORKERS BEARING HIV / AIDS.

The petitioner claims that the Alcalde de Bogotá violated his fundamental rights to equality and work, for having finished his contract without just cause and having ignored that he is a person carrying HIV / SID. The Alcalde indicated that the dismissal of the petitioner was due to a legal and objective cause, which was the expiration of the term of the personnel plant to which he was linked. The Court reiterates two issues: first, that the reinforced labor stability in people suffering from HIV / AIDS, is not absolute or perpetual because the employer can terminate the employment relationship when it demonstrates an objective cause and when the Ministry of Labor authorizes the termination of employment of the worker,  and secondly,  that people with HIV-AIDS are subjects of special protection. The court grants the protection of the mentioned rights .