Introduction
The Labor and Social Security Commission of the Congress of the Republic has approved the opinion of Bill No. 6861 to protect workers diagnosed with cancer from arbitrary dismissal. This initiative, presented by Congresswoman Hilda Portero of Acción Popular, was endorsed with seven votes in favor and five abstentions and is now open for debate in the Congress plenary.
Objective
The bill aims to guarantee job stability for cancer patients during their medical treatment. Therefore, it proposes a series of measures that include adapting working conditions to facilitate the recovery of employees affected by this disease.
Main Proposals of the Ruling
Among the measures highlighted in the opinion are:
- Nullity of dismissal due to a cancer diagnosis: It is proposed to incorporate subparagraph f) in Article 65 of Legislative Decree No. 728, establishing that dismissal motivated by a cancer diagnosis is null and void, even if the working hours are less than four. It is in a trial period or has a position of trust or management.
- Promotion of teleworking for cancer patients: It is proposed to amend section 16.1 of Article 16 of the Teleworking Law, establishing the obligatory nature of this modality for employees with disabilities, pregnant women, breastfeeding women, or cancer patients who request it.
- Benefit for temporary disability: It is proposed to add subparagraph c) in Article 12 of the Law on the Health Security Modernization, granting the right to a benefit for temporary disability in the event of illnesses such as cancer.
- Leave with pay for the care of family members: The ruling establishes that a worker whose minor child, spouse, or partner is diagnosed with cancer is entitled to leave with pay for a period of up to one calendar year, with the extension possibility after evaluation of the therapeutic process.
Adaptations in the Workplace
The ruling also states that if the worker with an oncological diagnosis is not physically or cognitively able to carry out the same work as before, the employer must adapt the job to the worker’s current conditions without reducing the payment. The adaptations may include the provision or modification of work equipment, restructuring of the job, flexible working hours, and teleworking, among other measures.
Incorporation of Third Party Workers or Contractors
In addition, it is stipulated that, from the entry into force of the regulation, a patient diagnosed with cancer who is providing services as a third party or contractor in any state entity must be temporarily incorporated into the existing labor regime in the entity where they have been working, so that they have health insurance, leave, and all the rights inherent to the respective regime.
Congresswoman Hilda Portero emphasized the importance of this initiative, stating: “It is essential to recognize that the fight against cancer involves the physical and emotional battle against the disease and the protection of the basic labor rights of those who suffer from this health problem.”
Next steps
With the approval of the Labor and Social Security Commission, the ruling on Bill No. 6861 is ready for debate in the Congress Plenary, scheduled for the end of July. If approved, it will represent a significant advance in protecting the labor rights of workers diagnosed with cancer in the country.
Source: Workers with cancer cannot be dismissed from their jobs: this is the opinion approved by the Congressional Labor Commission | atmp | Economy | La República