EN 
ES Do I have any special protections as an employee living with HIV/AIDS?
The right to job stability applies to all employees, but in the case of people living with HIV, it becomes the fundamental right to enhanced job stability because its holder is a subject of special protection due to his or her vulnerability and traditional discrimination [...].
Does my employer need to know that I live with HIV/AIDS?
In general, an employer should know about an employee's illness. However, this does not apply in the case of a person living with HIV, as it is not only contrary to human dignity to inform about his or her illness, but also violates his or her right to privacy. In fact, it is prohibited [...].
I think I've been fired from my job because I live with HIV/AIDS.
As part of the right to reinforced stability, if the employment is terminated with the sole justification that the person is living with HIV, a tutela action can demand immediate reinstatement by the employer (Article 35 of Decree 1543 of 1997, Sentence T-519/03, T-1218/05, T-1219/05, T-992/07, T-238/08, T-273/09, T-490/10).
Can I file a tutela action for the payment of an incapacity for work?
It depends. If the non-payment of disability is situated in a critical economic situation, the tutela will proceed. It is key to remember that people living with HIV-AIDS deserve special protection, so it must be stated in the tutela that it is a critical economic situation, in which the disability has not been paid.
And if I was paying health contributions at less than the minimum wage, can the EPS refuse to pay for my incapacity to work?
Even if the employer has paid the contribution late or incompletely, the entity must pay the incapacity for work if it has not requested the employer to make the full payment of the contribution. It may only refuse to pay the incapacity if it had requested full payment from the employer (Sentence T-602/07).
What is the date of structuring disability status for people living with HIV?
The date of structuring of the state of disability corresponds to the date on which a person's physical and mental abilities are diminished to such a degree that he/she is unable to carry out any economically productive activity. The loss of working capacity is graded in percentages and must be declared by a Disability Rating Board (Decision T-551/13).
From what percentage of loss of working capacity can I apply for a disability pension?
If there is a reduction in working capacity of 50% or more, a pension can be requested. If it is denied, a tutela can be filed for the recognition of this benefit, which is a fundamental right because it is closely related to the right to live with dignity, to work and to enjoy full health and integrity [...].
And do I have to meet any other requirements to be granted it?
In order to qualify for a disability pension, the law also requires that 50 weeks of contributions have been paid in the three years prior to the date of the disability or the date on which the person has effectively stopped working and contributing permanently and definitively. (Ruling T-627/13, T-551/13, T-428/13, T-138/12, T-855/11, T-699A/07) Note: the current law regulating the issue of [...].
Can the Pension Fund refuse to recognise the weeks contributed after structuring?
In the case of the HIV-AIDS virus, the loss of working capacity is not immediate but progressive, and in this context it is not admissible for the Pension Fund not to take into account the contributions made since the disability was structured until the actual decrease in working capacity occurred (Judgment T-893/13, T-627/13).
What if my employer did not pay his contributions or did not transfer the contributions deducted from my salary to the Pension Fund?
The employer's failure to pay contributions to the Pension Fund should not affect the right to receive the disability pension. This does not constitute a valid reason for it to be denied and the Pension Fund continues to be under a legal obligation to grant it if the conditions are met [...].
