Colombia issues guidance on authorizing terminations of employees with reinforced job stability

At a glance

• On May 22, 2026, the Ministry of Labor issued Internal Circular No. 0049 of 2026, providing guidance on authorizing the termination of employees protected due to disability or health conditions.
• The guidance clarifies that enhanced employment stability does not constitute absolute job security, and termination may be authorized where a just cause or objective ground exists.
• Employers bear the burden of proof and must demonstrate that the termination is non-discriminatory and supported by substantiated grounds.
• Labor inspectors must conduct a detailed review, including assessing due process compliance, evidence sufficiency, and whether reasonable accommodations or alternatives were considered.
• Authorization will only be granted where there is no indication of discrimination and all legal and procedural requirements are met; otherwise, requests should be denied.

Through Internal Circular No. 0049 of 2026, issued on May 22, 2026, the Ministry of Labor provided guidance to regional labor offices, special offices, and labor and social security inspectors regarding the process for authorizing the termination of employees protected on the basis of a disability or health condition. The guidance aims to ensure that any such termination is not discriminatory and is supported by a duly substantiated legal, just, or objective ground.

The Circular clarifies that enhanced employment stability does not equate to absolute job security. Employers may therefore seek authorization to terminate employment where a just cause or objective ground exists. However, the burden of proof lies with the employer. Inspectors are required to undertake a comprehensive assessment of the supporting evidence, the employee’s specific circumstances, and any available alternatives to termination, including reasonable accommodations, rehabilitation, reassignment, or training, where appropriate.

Where termination is based on just cause, inspectors must verify, among other factors, the factual basis of the alleged misconduct or grounds, compliance with applicable disciplinary procedures, the employee’s right to notice and an opportunity to be heard, the supporting disciplinary record, the consistency and reasoning of the employer’s decision, and the sufficiency of the evidence. Inspectors must also ensure adherence to general legal principles such as timeliness, legality, legal certainty, and proportionality. In cases involving poor performance linked to a disability or health condition, particular emphasis is placed on whether the employer assessed and implemented reasonable accommodations prior to seeking termination.

Authorization should only be granted where it is clearly established that the grounds for termination are fully substantiated, that the process complied with minimum due process guarantees, and that there is no indication of discrimination. Conversely, where these elements are absent, or there is evidence suggesting discriminatory treatment, the request for authorization should be denied.