Vicios del consentimiento en renuncia o acuerdo voluntario de terminación del contrato de trabajo

Abstract

The closure of large multinationals in Colombia has generated a great economic impact during the last 30 years, this essay will focus on the situations that involve workers who lose their jobs unexpectedly and under circumstances of dubious legality, for which it has been taking as a reference what happened with two multinationals that closed their production plants in an untimely and similar way. The State must guarantee the effectiveness of the principles, rights and duties enshrined in the constitution, and as art. 25 of the Magna Carta, Work is a right and a social obligation and enjoys, in all its forms, the special protection of the State. Everyone has the right to work in decent and fair conditions. In this context, when a company makes the decision to close its operations, or to dismiss a considerable number of workers, according to article 67 of law 50 of 1990, “it must request prior authorization from the Ministry of Labor and Social Security, explaining the reasons and accompanying the corresponding justifications, if applicable. Likewise, you must simultaneously notify your workers in writing of such request.” However, this does not happen, which allows events to exist where companies close without the required procedure and without a substantive pronouncement on behalf of the State, represented by the Ministry of Social Protection (formerly the Ministry of Labor).