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- Title
La pensión de sobrevivientes entre cónyuge y compañero (a) permanente. Pronunciamientos de jueces laborales del Circuito de Barranquilla.
- Authors
Berrocal Durán, Juan Carlos; Reales Vega, Rosario Joaquín; Mejía Turizo, Jorge
- Abstract
This article delves into the survival pension in terms of its distribution and granting requirements, in the manner in which the Labor Courts of the Circuit of Barranquilla-Colombia, apply Article 13 of Law 797 of 2003 that contemplates the effects of the coexistence between a permanent companion with a previous conjugal society not dissolved and the right to receive the pension, indicating that the benefit will be divided among them or them in proportion to the time of coexistence with the deceased. The general objective is to describe the form of distribution of the survivors' pension that the Judges perform, when there is coexistence between a permanent companion with a previous conjugal society not dissolved. The methodological strategy used to carry out this research is framed by an inductive method with a descriptive and qualitative approach, which falls within the scope of the hermeneutical paradigm whose purpose is to understand and interpret, and documentary analysis is used as a technique. The main conclusion reached is the non-existence of unification of criteria of each judicial office. The judge projects his decision based on the interpretation that this gives to the law, in such a way that each office has its own criteria, which in many cases do not coincide with the decisions taken in other offices.
- Subjects
BARRANQUILLA (Colombia); COLOMBIA; LABOR courts; CIRCUIT courts; EMPLOYEE rights; PENSIONS
- Publication
Gaceta Laboral, 2017, Vol 23, Issue 2, p235
- ISSN
1315-8597
- Publication type
Article