From a procedural point of view, the reinstatement can be processed through the Ordinary Labor Process, in accordance with Law No. 29497 (New Labor Procedural Law), applicable mainly to the private sector and state-owned companies.

Likewise, the constitutional route (Amparo Process) is appropriate when the reinstatement is based directly on the violation of constitutional rights.

During the process, it is possible to request a precautionary measure of provisional reinstatement, with the aim of achieving the immediate reinstatement of the worker while the main process is resolved.

The worker can choose between compensation for unfair dismissal or reinstatement; the latter constitutes a reinforced protection mechanism developed by the Constitutional Court for the protection of fundamental rights.

At Uribe Abogados, we analyze the legal viability of each case and design the most appropriate procedural strategy to achieve effective reinstatement or the corresponding protection within the legal timeframe.