Opinion passed protecting workers with cancer: employees cannot be fired

The Labor and Social Security Commission, chaired by Congressman Pasión Dávila, approved the opinion of Bill No. 6861, which seeks to protect workers diagnosed with cancer against arbitrary dismissals. This legislative proposal, whose author is parliamentarian Hilda Portero of Popular Action, was validated with 7 votes in favor and 5 abstentions.

The ruling includes a series of measures to guarantee the job stability of cancer patients during the period of medical treatment, as well as the possibility of adapting their working conditions to facilitate their recovery. In this way, the text was ready for subsequent debate in the Plenary Session of Congress, which will restart work at the end of July.

Workers with cancer cannot be fired from their jobs: what does the ruling say?

On Tuesday, June 25, the Labor and Social Security Committee approved by majority the opinion of the bill by parliamentarian Hilda Portero, which proposes protecting public and private sector workers diagnosed with cancer through measures against arbitrary dismissal and others that guarantee non-discrimination, decent work and compliance with the conditions for their therapeutic treatment.

To achieve this purpose, we seek to incorporate literal f) in article 65 of Legislative Decree No. 728, stating that “dismissal due to a cancer diagnosis is void, even if the worker provides services for less than four hours a day, is on probation or has a position of trust or management.”

Likewise, it is proposed to modify paragraph 16.1 of article 16 of the Teleworking Law to promote this type of work in favor of the vulnerable population, establishing mandatory compliance, if this is requested by the employee with a disability, pregnant woman, breastfeeding or cancer patient.

In addition, literal c) is added to article 12 of the Law on the Modernization of Social Security in Health, authorizing the right to subsidy for temporary disability in the event of an illness such as cancer. Another of its provisions is that the worker whose minor child, spouse or partner diagnosed with cancer by a specialist doctor has the right to paid leave for a period of up to one calendar year.

Finally, it is specified that after the evaluation of the therapeutic process, the license may be extended for up to an additional year. In that sense, the first days of this leave will be covered by the employer and the remaining time by Social Health Security.

“Is It is essential to recognize that the fight against cancer not only involves the physical and emotional combat of the disease, but also the protection of the basic labor rights of those who suffer from this health problem,” explained the author of this legislative initiative, Hilda Portero.

What other changes does this ruling propose in favor of cancer patients?

According to the complementary provisions of the opinion approved by the Labor Commission, if the worker with a cancer diagnosis is not physically or cognitively fit to perform the same work as he or she previously performed, “the employer must adapt his or her job to his or her current conditions, without this meaning a reduction in his or her remuneration.”

Likewise, the employer may make the following adaptations, according to the first complementary provision:

• Provide or modify work devices or equipment.
• Restructure a job.
• Offer part-time work or work under a modified schedule, as well as the possibility of teleworking or remote work.
• Provide reasonable time for rest or taking medication.
• Reassign the employee to a vacant position or assign the employee different responsibilities if he or she is unable to continue performing the responsibilities of his or her current position.
• Adapt or modify tests, training materials or policies.
• Offer reading or interpreting services.
• Adapt the workplace for easy access and use by people with disabilities.

Finally, since the entry into force of the rule, the patient with a diagnosis of cancer who is providing services as a third party or landlord in any state entity, must be temporarily incorporated into the existing labor regime in the entity where he or she has been working, with the purpose of having medical insurance, licenses and all the rights inherent to the respective regime.