In a historic ruling that shakes human resources offices throughout the country, the Labor Cassation Chamber of the Supreme Court of Justice issued this Wednesday, January 14, a judicial milestone that protects thousands of Colombians.

The decision of the high corporation establishes an absolute shield for pre-pensioners in the private sector, making it clear that private companies are prohibited from dismissing without just cause any worker who is three years or less away from reaching retirement age, regardless of whether they have already completed their weeks of contributions.

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This 180-degree turn, reflected in the ruling SL2600-2025, seeks to prevent citizens from being left in “limbo” just before retiring. According to the Court, the status of pre-pensioners grants special protection due to the structural vulnerability that an older person faces in reintegrating into the Colombian labor market.

The court was categorical in pointing out that job stability is not a whim, but a human right, and that companies cannot carry out arbitrary dismissals to save costs in the final stretch of their employees’ working lives.

With this ruling, the Supreme Court departs from previous criteria and emphasizes that retirement must be a harmonious process and not a “jump into the void” caused by a surprise dismissal.

Although the employer can still dismiss people for duly proven serious misconduct, they will no longer be able to use the “without just cause” clause to dismiss those who are about to retire, thus guaranteeing the minimum living standards for families.

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