Legal Guarantees for Labor Inclusion: Obstacles and Responsibilities of the Business Sector

Abstract

This scientific article focuses on analyzing labor inclusion, addressing the legal challenges faced by the business sector in Colombia. To this end, it explores three key perspectives: the institutional, which examines the constitutional foundations that support labor inclusion; the legal, which outlines relevant laws and regulations; and the jurisprudential, through the analysis of significant court rulings on the subject. Additionally, a doctrinal perspective is included, reviewing the theories and approaches of leading authors in the field of labor inclusion.

A qualitative methodological approach is adopted, based on legal hermeneutics and ius-philosophical theory, which enables an in-depth interpretation of regulations and their application within the business context. This approach facilitates a deeper understanding of the legal challenges companies face when attempting to implement labor inclusion policies. Through this methodology, the study aims to offer a comprehensive view of how laws, the constitution, and case law interact in this area.

Within the theoretical analysis, two main positions are developed: the positive theory and the negative theory. The positive theory highlights the advantages and benefits that labor inclusion can bring to both companies and employees, emphasizing its positive impact on productivity and social equity. In contrast, the negative theory focuses on the difficulties companies encounter in complying with legal and constitutional guidelines, identifying barriers and practical challenges such as lack of resources or insufficient training.

The article concludes that, although labor inclusion offers clear benefits from both social and business perspectives, the private sector still faces significant obstacles in meeting regulatory requirements. The findings suggest that greater institutional support is needed, along with more effective policies that facilitate the labor integration of people with disabilities and other vulnerable groups.