1. Paternity Protection and Reinforced Employment Stability

The Constitutional Court reiterated, through Judgment T-132 of 2026, dated May 19, 2026, that paternity protection safeguards employees against termination of their employment contract when they have informed their employer of their partner’s pregnancy or the birth of their child and provide evidence of such circumstance.

• The employee must inform the employer of the pregnancy or birth and provide the corresponding supporting evidence.
• When paternity protection applies, the employer must obtain prior authorization from the Ministry of Labor to terminate the employment relationship.
• The protection seeks to guarantee not only the father’s employment stability, but also the children’s right to the care and support of their parents.
• The Court reiterated that this protection is not conditional upon the mother lacking formal employment, pursuant to Judgment C-517 of 2024.
• In the case analyzed, the company was ordered to reinstate the employee, pay the unpaid salaries and employment benefits, and pay the statutory compensation.

General Conclusion

Upon receiving notification of a partner’s pregnancy or the birth of a child, it is important to activate a review of the applicable paternity protection before making decisions regarding termination, non-renewal, or modification of employment conditions.

See Document.

2. Reinforced Employment Stability on Health Grounds.

The Constitutional Court reiterated, through Judgment T-522/25 dated December 18, 2025, that individuals who are in a situation of manifest vulnerability due to health conditions may be protected by reinforced employment or occupational stability, including, in certain cases, under independent services contracts and fixed-term employment contracts.

Key Points:

• The health condition must be assessed before termination of the employment relationship,
• Particularly when it is known by the employer or contracting party.
• An objective and sufficient justification must support termination.
• In cases where health-related protection applies, prior authorization from the Labor Inspector may be required.
• In fixed-term employment contracts, expiration of the term may constitute an objective ground for termination; however, it does not automatically exclude an analysis of reinforced employment stability.
• Reinforced employment stability does not imply a right to remain indefinitely in the position, but rather protection against termination decisions that disregard constitutional guarantees.

General conclusion

Before terminating or failing to renew a contract, it is important to verify whether there are known health conditions that may give rise to reinforced protection and to document the grounds for the decision properly.

See Document.

3. Ministry of Labor Reviews and Revokes 11 Labor Circulars

The Ministry of Labor, through Resolution 2708 dated August 20, 2026, repealed and rendered 11 circulars issued between 2025 and 2026 ineffective, following a legal and regulatory drafting review.

The withdrawn circulars may no longer be used prospectively as an autonomous legal basis for creating or imposing obligations, requirements, evidentiary burdens, procedures, sanctioning criteria, or inspection parameters.

Key Points:

• Reforma laboral y jornada de trabajo.
• Trabajo doméstico.
• Remuneración a destajo.
• Estabilidad laboral reforzada.
• Libertad sindical y negociación colectiva.
• Trabajo en plataformas digitales.
• Criterios de inspección laboral.

Important:

The resolution does not eliminate the obligations established under the Constitution, laws, decrees, or applicable case law. The withdrawal of the circulars also does not automatically imply the invalidity of actions carried out while they were in force.

Recommendation for Companies:

Companies are advised to review procedures, matrices, checklists, legal opinions, and internal policies that have used these circulars as references, verifying that their legal basis is directly supported by a regulation currently in force.

Ver Documento.

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