In the Seventh Supplement of Official Registry No. 236 dated March 4, 2026, the Organic Law for Integral Cancer Care was published. This Law establishes a regulatory framework aimed at guaranteeing the right to health through the implementation of public policies, programs, and actions oriented toward the prevention, diagnosis, integral treatment, rehabilitation, and monitoring of cancer in children, adolescents, and adults. The regulations are mandatory throughout the national territory and apply to all actors within the National Health System, as well as public, private, community, academic, and research entities involved in oncological care.

1. Purpose of the Law

The primary objective of the law is to guarantee integral care for individuals diagnosed with cancer and to reduce morbidity and mortality associated with the disease, promoting actions directed at:

• Health promotion
• Prevention and early detection
• Timely diagnosis
• Integral treatment
• Rehabilitation
• Research
• Palliative care
• Patient monitoring

In the labor sphere, this Law provides the following:

2. Relevant Definitions

The law incorporates certain figures that are particularly relevant in the labor context:

Direct Substitute Person

A direct substitute person is considered to be:

• Relatives up to the fourth degree of consanguinity
• Relatives up to the second degree of affinity
• Spouse or partner in a common-law union
• Legal representative or proxy
• Person responsible for the care or support of a person with cancer when the disease prevents their self-subsistence

Furthermore, fathers, mothers, or legal representatives of children or adolescents with cancer shall also be considered direct substitute persons.

This status may only be assigned to one person per cancer patient.

Caregiver

A caregiver is considered to be any person authorized to care for an individual diagnosed with cancer, including:

• Mother or father
• Spouse
• Adult children
• Legal representative or guardian

3. Rights of Persons Diagnosed with Cancer

The law recognizes several rights for individuals diagnosed with cancer, including:

Equality and Non-Discrimination

Persons with cancer have the right not to be discriminated against in social, family, educational, or labor environments, ensuring their equitable and timely access to oncological health services.

Reinforced Labor Stability

The law establishes that persons diagnosed with cancer enjoy reinforced labor stability. Consequently:

• The employer may not terminate the employment relationship due to the illness.
• In the event of contract termination, the employer must reasonably justify that the decision is not related to the cancer diagnosis.
• Termination must be based on grounds and procedures provided for in current regulations.

When the illness prevents the patient from performing activities necessary for their subsistence, this protection also extends to:

• Substitute workers
• Caregivers of cancer patients.

4. Labor Protection for Parents and Caregivers of Minors with Cancer

Special protections are also established for mothers, fathers, or primary caregivers of children and adolescents with cancer, who shall have the right to:

• Paid leave to accompany the minor to medical appointments, treatments, or hospitalizations.
• Flexible schedules or teleworking, provided the nature of the work allows for it.
• Protection against retaliation or discrimination derived from exercising the care of the minor.

5. Pending Regulation on Labor Matters

The "Fifth" Transitory Provision of the Law establishes that, within a period of 180 days from its publication in the Official Registry, the labor governing body must issue regulations governing:

• The reinforced labor stability of persons diagnosed with cancer.
• The protection for substitute workers and caregivers of persons with this disease.

This regulation will allow for the establishment of specific procedures and conditions for the application of these guarantees in the labor field.

This document does not constitute a legal opinion or advice from ROBALINO. The content is strictly for general information purposes. For specific cases, we recommend seeking assistance from our professionals.