La pensión del incapacitado permanente parcial: una necesidad ante la deficiencia o discapacidad que le impida o le limite la fuerza de trabajo para procurarse un ingreso digno
Cargando...
Archivos
Autores
Gómez Campos, Wilter Antonio
Director
Corredor Avendaño, Leonardo
Tipo de contenido
Trabajo de grado - Maestría
Fecha de publicación
2023
Título de la revista
ISSN de la revista
Título del volumen
Documentos PDF
Resumen
Abstract
Due to the regulation that currently exists in Colombia, regarding the payment
of temporary economic benefits (disabilities), both in the field of the Health
System, the Pension System, and in the field of Occupational Risks. Like the
regulation that exists in these last two fields on the issue of disability pension. It
is necessary to ask ourselves, should a definitive economic benefit be consecrated
in favor of the affiliate who is over 50 years of age, and who, suffering from a
chronic health condition that does not allow him to return to work, that is, remains
disabled, does not reach the minimum percentage of 50% loss of work capacity?
New questions arise from the previous question, such as: 1. How convenient is
it for the employer to have an employee who enjoys indefinite disability for work
power, but who does not reach the minimum percentage of 50% of PCL? 2. How
viable is it for the health system, in the case of contingencies of a common nature,
to carry an economic benefit indefinitely, after day 540 of disability? 3. How viable
is it for the Occupational Hazards system, in the case of contingencies of a labor
nature, to carry an economic benefit indefinitely, after day 720 of disability? 4. Can
health professionals refrain from granting the issuance of disability to members
of the Comprehensive Social Security System, regardless of the risk, for having
exceeded the maximum legal term of disability? Among the essential purposes of the State are the protection and effectiveness
of labor and social rights. Likewise, in articles 48 and 53 of the National
Constitution, the guarantee of social security is indicated from the point of view
of integrality.
We could affirm that an insured person over 50 years of age, regardless of
origin, when he suffers from a series of incurable organic or functional alterations
or of an unforeseeable duration, which prevent him from performing his usual
job or another similar one compatible with his skills and professional training,
and remains in a condition of permanent disability, but does not reach 50% PCL.
You must be subject to state protection, which we could call temporary disability
pension. For which, the loss of "partial work capacity" must be declared
(understanding partial, the Loss of Work Capacity below 50%, but not less than
40%), which at first would be non-definitive, being granted for a period of two
continuous years.
If after two years the member's health conditions subsist, the pension will go
from being temporary to being permanent, however, the entity, whether it is a
pension fund or an occupational risk administrator, may review the disability
when it deems it necessary. , if there are grounds to presume that the conditions
that determined its granting have changed.