Article 4 of Law 1562 of 2012 refers to occupational disease in Colombia, a disease that originates from exposure to risk factors in the environment where the worker performs their work activities; likewise, the first paragraph of this same article grants the government the powers to determine which diseases are considered to be of occupational origin or due to the activity performed by the worker, which are currently regulated in Decree 1477 of 2014 issued by the Ministry of Labor.
Now then, in the event that an occupational disease suffered by the worker is proven, resulting in disability, but such disability does not reach the minimum degree established for the worker to receive a pension, since its assessment by the responsible entities did not exceed 50% loss of work capacity, the employer shall be responsible for the job reassignment of said worker, since failing to do so would violate fundamental rights, followed by non-observance of the comprehensive rehabilitation of those who are physically diminished, in accordance with Judgment T-1040 of 2001 issued by the Constitutional Court, which establishes the rights of the worker that must be taken into account by the employer at the time of reassignment, obligations also enshrined in Article 8 of Law 776 of 2002.
Consequently, based on Decree 1477 and Law 776 of 2002, the reinstatement will be made by assuming the position held prior to the event of aggravation of their health, in such case if they recover their work capacity; otherwise, the employer must establish and provide work compatible with their current capabilities, through personnel movements to fulfill their duty to satisfy the right to work in relation to health, for the worker with a certain degree of work disability.
Finally, it is important to mention that the regulations in our country establish that every employee must be linked to an occupational risk system by their employer, as protection in case of any accident or disease caused by their activity; for the employer cannot proceed with the termination of the employment contract of the disabled employee, since if they do so, they would be liable to pay the value of 180 days of salary as compensation for such action, in accordance with Article 26 of Law 361 of 1997, as well as the possible order for reinstatement of the affected party by a judge in case of a lawsuit according to Judgment T-018/13.