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Submitted July 25, 2019
Published 2019-07-25

Artículos

Vol. 3 No. 2: Orbis Cognita

Legal security in the face of controversial decisions between the Council of State and the Constitutional Court on Colombian labor matters


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Citación:
DOI: ND

Published: 2019-07-25

How to Cite

Pinto Córdoba, K. P., & Tamara de Ávila, E. M. (2019). Legal security in the face of controversial decisions between the Council of State and the Constitutional Court on Colombian labor matters. Revista Científica Orbis Cógnita, 3(2), 73–90. Retrieved from https://revistas.up.ac.pa/index.php/orbis_cognita/article/view/757

Abstract

In labor matters, specifically in the issue of the IBL applicable to public servants who are beneficiaries of the transition regime, for the Constitutional Court the Base Settlement Income, to settle all those pensions, must be made in accordance with the third paragraph of article 36 of the law 100 of 1993; as a second option, it will be the one established in article 21 of the same social security statute, in addition the Court also considers that this average will be on the salary factors that were quoted. The Council of State, for its part, initially gives a different interpretation to this article, since it determines that the second paragraph of Article 36 of the aforementioned law, by indicating the word Amount also refers to the base settlement income, ie For the Council of State, the previous legislation must be applied in its entirety. For many years, there was a legal uncertainty for people who came to the justice system to resolve their conflicts in this regard, because they did not know which precedent the judicial operator would take in to take their case. H however, this situation of uncertainty could be overcome thanks to the ruling of unification of the full chamber of the administrative contentious of the Council of State, dated August 28, 2018, by means of which the position held by the Constitutional Court is accepted, so that nowadays we can say that there is legal certainty regarding the issue.

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