New changes to the reinforced job stability protection (Fuero) for the pre pensioner
Reinforced job stability protection (Fuero)
What is the reinforced job stability protection (fuero) for the pre pensioner?
The reinforced job stability protection (fuero) for the pre pensioner is a special protection that prevents the employer from dismissing, without prior authorization from the Ministry of Labor or without duly proven just cause, workers who are close to meeting the requirements to access an old age pension (the age and the number of weeks—or length of service—required under the Defined Benefit Average Premium Plan Regime (Régimen de Prima Media con Prestación Definida), or the capital—or minimum number of weeks for the minimum pension—required under the Individual Savings with Solidarity Regime (Régimen de Ahorro Individual con Solidaridad).
Accordingly, the Supreme Court of Justice and the Constitutional Court had indicated that when the worker already had the weeks, but did not meet the age requirement, the pre pension “fuero” was not triggered because this latter requirement could be met independently of the employment relationship.
The purpose of this “fuero” is to ensure that these persons can transition with dignity toward retirement, preventing termination of the employment contract from affecting their minimum subsistence, their access to social security, and the real possibility of becoming pension eligible.
In that sense, this figure is grounded in the principles of human dignity, solidarity, and special protection for subjects in a condition of vulnerability, especially when age and labor market conditions make re employment difficult.
What changes did the Supreme Court of Justice introduce?
With Judgment SL2600 2025, the Labor Cassation Chamber redefined the criteria for the application of this figure by extending its protection beyond the traditional requirement of contribution weeks. The Court considered that proximity to pension age, even when the worker has already satisfied the required weeks, constitutes an objective situation warranting special protection, given the greater difficulty of labor market reintegration, the risk of impairment of minimum subsistence, and the need to ensure continuity in social security.
In this context, the Chamber clarified that the reinforced job stability protection of the pre pensioner is not limited to preventing frustration of the right to a pension, but rather seeks to protect the worker comprehensively during a stage of special vulnerability. The Court emphasized that separation from employment in the final years of productive life may disproportionately affect subsistence, continuity in social security, human dignity, and the effective transition to retirement—reasons that justify application of the “fuero” even when the only pending requirement is age.
Below is a summary of the changes introduced by this new decision:
Comparison of the jurisprudential standard regarding the pre‑pensioner “fuero”
| |
Before Judgment SL2600-2025
|
After Judgment SL2600-2025 |
Protection applied only to those who were less than three years from retirement and had not completed the contribution weeks.
| Protection also covers those who, even though they have already met the weeks, have three years or less remaining to reach pension age.
|
The fuero sought only to prevent frustration of the expectation of completing the required weeks.
| The fuero seeks to protect the worker’s subsistence, dignity, and continuity in social security in the final stretch of working life.
|
If the worker already had the weeks but not the age, the worker could be dismissed upon payment of the severance for dismissal without just cause, which was considered sufficient to compensate for termination of the contract.
| Dismissal at this stage is understood as a real impairment of minimum subsistence, dignity, and reinforced job stability protection; therefore, severance may be insufficient to neutralize its effects.
|
| The retirement age was understood as a requirement that could be met with or without employment. | It is recognized that unemployment at this stage creates real barriers to access to work and social protection. |
| The privilege was interpreted as exceptional and restrictive protection. | Jurisdiction is conceived as a constitutional guarantee of enhanced protection. |
Relevant considerations
Judgment SL2600 2025 marks a turning point in the protection of the pre pensioner by expanding the scope of the fuero beyond the requirement of weeks contributed. This change strengthens the job stability of those who are in the final stage of their productive life, but it also opens a relevant legal debate regarding the temporal application of this new standard, possible retroactive effects, and the tension between legal certainty and jurisprudential evolution.
Undoubtedly, this decision will have a significant impact on the management of labor relations, separation planning, and legal risk analysis in Colombia.
At Forvis Mazars, we maintain the highest professional standards and have an interdisciplinary team specialized in labor law that supports our clients in interpreting and applying recent jurisprudential changes. We provide strategic and preventive advice for the proper management of legal risks, ensuring solid, up to date solutions aligned with the applicable regulations.
