Análisis de contraste entre la jurisprudencia de la sala laboral de la corte suprema de justicia y la doctrina contenida en el libro "Pensión especial de vejez por trabajo en condiciones de alto riesgo en Colombia

Abstract

In Colombia, occupational risks have been treated at two non-exclusive levels, the first of which is responsible for managing work activities with normal work risks, it is done through the Occupational Risk System directed by the Occupational Risk Administrators (ARL) that They are in charge of the advice of the companies in the work of reducing the risks and the collection of the contribution for labor risks that covers in addition to the mentioned advice, the pension insurance of disability and survivors pension whose objective is to pension the affiliates that they are invalidated or to the survivors of the affiliates who die due to strictly labor risks, notwithstanding the foregoing, it should be clarified, this system does not cover the old-age pension; The second level for the management of occupational hazards is done through the Special Regime of Old Age for Work in High Risk Conditions, this complements the first level, but specifically in the issue of old-age pension, and is responsible for reducing the age for enjoy the benefit of old age to workers who work in high-risk activities. The main difference between normal-risk work activities (managed by ARLs) and high-risk activities (managed by Colpensiones) is that the latter are those with the ability to reduce the worker's healthy life expectancy and therefore, Affected workers are covered with a special type of old-age pension that allows them to enjoy the right before other unaffected workers.