LEGAL ANALYSIS OF DISABILITIES OF COMMON ORIGIN IN THE PRIVATE SECTOR IN COLOMBIA: EMPHASIS ON REHABILITATION AND REINCORPORATION
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Abstract
The objective of this article is to analyze the procedure established in the legal norms applicable to the private sector when disability of common origin requires rehabilitation and reincorporation in Colombia. The project methodology is oriented from a qualitative perspective, the use of the legal hermeneutics method, as well as interpretation and analysis of the arguments proposed by entities; The Convention on the Rights of Persons with Disabilities (2008), The Ministry of Labor; doctrinaires such as Gloria Stella Ortiz Delgado, (2019), Antonio José Lizarazo Ocampo, (2020 and 2021), among others; did not lead to defining reinstatement as the final phase of the rehabilitation process of the disease of common origin as the beginning of a path of adaptation that the worker will experience, which is guaranteed in a large percentage by the employer and which will depend greatly on the environment or work situation that they have, the challenges in fulfilling the functions of their position that must be accommodated to what their new capabilities allow and the harmony, collaboration and understanding that their co-workers, employer, family, and society offer them.
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