Isabella Gandini

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¿What rights does an employer have to suspend an employee?

By Isabella Gandini on December 6, 2017 Posted in Colombia, Latin America

In Colombia, Article 51 of the Labor Code states the causes for suspension of the labor contract, including among others, the faculty of the employer to suspend the employee(s) due to serious misconduct after conducting a disciplinary investigation. In this case, the law limits the sanction to eight (8) days of suspension of the activities … Continue reading

Key employment law developments expected during 2017

By Isabella Gandini on February 21, 2017 Posted in Colombia, Latin America

2017 has started with the issuance of important rulings from the Constitutional Court, regarding special protection of stability for: (i) employees close to retirement, and (ii) for the mates of women who are unemployed and expecting a child. Also, at the beginning of the year the Congress issued new provisions on maternity leave. Finally, we … Continue reading

¿What rights do workers have to rest breaks?

By Isabella Gandini on December 13, 2016 Posted in Colombia, Latin America

Article 167 of the Labor Colombian Code, establishes that “working hours during a work day, must be distributed in two sections, with at least one break or intermediate period, that rationally suit the nature of the work and the employee’s needs. Such resting time is not part of the working day”. In this sense, Colombian … Continue reading

What are the latest developments on whistleblowing in the workplace?

By Isabella Gandini on July 5, 2016 Posted in Colombia, Whistleblowing

The legislation relating to whistleblowing in the workplace can involve claims for labor harassment, crimes in the work place, corruption, non – fulfilment of regulations relating to outsourcing, hiring of foreign employees, the Health Committee responsible for supervising health and safety matters, amongst others. Article 23 of the National Constitution, Article 24 of the … Continue reading

What measures are in place (or proposed) to address gender pay inequality in the workplace?

By Isabella Gandini on June 3, 2016 Posted in Colombia

Efforts to reduce gender pay inequality have been rising all around the globe, without Colombia being an exception. The challenge of gender inclusiveness has to do with generational aspects that have brought cultural changes, including the evolution of women’s role in society. Colombian government has implemented initiatives to improve working conditions. Such initiatives have generated … Continue reading

Is it possible for employers to change the terms of employment contracts?

By Isabella Gandini on March 31, 2016 Posted in Colombia, Contracts, Latin America

One wonders until what point the ability of the employer to subordinate an employee gives him the faculty to unilaterally amend the employment conditions. According to Colombian legislation, employers could change unilaterally the terms and conditions agreed with its employees based upon its subordination faculty. However, such change shall obey to reasonable situations that in … Continue reading

What protection do employees have against race discrimination?

By Isabella Gandini on March 1, 2016 Posted in Colombia, Discrimination and harassment, Latin America

According to Article 13 of the Colombian Political Constitution, each individual is born free and equal before the law. The same protection and treatment from the authorities is guaranteed. Every individual is entitled to the same rights, freedoms and opportunities without any discrimination on grounds of race among others. Article 10 of the Colombian Labor … Continue reading

What are the employment implications of the transfer of a business?

By Isabella Gandini on December 14, 2015 Posted in Colombia, Latin America

Colombian labor legislation provides automatic transfer of employees or “substitution of employer”, when three requirements are met (i) change from one employer to another, due to an agreement, sale, transfer or any other cause, (ii) the business continues, which means that the scope of the business developed by the former employer keeps all of its … Continue reading

What protection from discrimination do employees have on grounds of gender?

By Isabella Gandini on October 30, 2015 Posted in Colombia, Discrimination and harassment, Latin America

The Colombian legislation guarantees the equality within the employment environment, regardless of the gender. However, due to the role of women in society and at home, the reality shows that discrimination still occurs in the companies. There are several mechanisms to fight against the discrimination of gender. For instance, women have the possibility of filing … Continue reading

Notice rights – what rights do employees have to notice on termination of employment?

By Isabella Gandini on September 26, 2015 Posted in Colombia, Latin America

The rights that the employees do have to notice on termination of employment will mostly depend on the termination motive. According to Colombian labor legislation, employment agreements may terminate (i) without cause; (ii) with cause; (iii) due to the expiration of the term of duration; (iv) due to the termination of the task or job … Continue reading

What protection from discrimination do employees have on the grounds of sexual orientation?

By Isabella Gandini on June 28, 2015 Posted in Colombia, Discrimination and harassment, Latin America

Traditionally the grounds of sexual orientation have become a condition to discriminate. In Colombia, legal provisions focus in the prohibition of all forms of discrimination based on gender, sexual orientation and gender identity. According to Article 13 of the Colombian Political Constitution, each individual is born free and equal before the law, the same protection … Continue reading

Working time- Are there any restrictions on an employee´s working week?

By Isabella Gandini on June 2, 2015 Posted in Colombia, Latin America

According to Article 158 of the Colombian Labor Code, the working shift may be agreed by the employer and the employee. In absence of such agreement, the working shift will be the maximum determined by law. The maximum working schedule is of eight daily hours and forty-eight (48) weekly hours. The daytime working shift … Continue reading

What rights do employees have to a minimum wage?

By Isabella Gandini on May 1, 2015 Posted in Colombia, Latin America

Article 145 of the Labor Code, states the right that every employee has to receive a minimum wage that allows fulfilling personal and familiar needs. According to labor provisions in this regard, the following criteria shall be taken into account when determining the amount of the minimum wage: cost of living, working modalities, companies´ economic … Continue reading

What protection do employees have against discrimination on grounds of age?

By Isabella Gandini on March 27, 2015 Posted in Colombia, Discrimination and harassment, Latin America

To begin with, employment discrimination on grounds of age is not a problem only for workers in a specific age group in Colombia. For instance, young people feel discriminated against because of their lack of experience when seeking jobs for the first time, and the elderly feel rejected and undervalued when they are interested in … Continue reading

Obligations of the employers in Colombia regarding collective consultation on redundancy

By Isabella Gandini on February 27, 2015 Posted in Colombia, Latin America

In Colombia, companies are not obliged to request authorization from the unions to carry out downsizing processes. However, it is advisable to review if the collective bargaining agreements entered into with the unions include any obligation in this regard. According to Colombian labor law, redundancy, economic reasons and the fact that a role is no … Continue reading

Religion and other beliefs: May not constitute an issue to discriminate an employee in Colombia

By Isabella Gandini on January 25, 2015 Posted in Latin America

Traditionally religion and other beliefs have become a condition to discriminate. In Colombia, legal provisions focus in the prohibition of all forms of discrimination based on demonstration of religion or belief in worship. According to Article 19 of the Colombian Political Constitution, freedom of religion is guaranteed. Every individual has the right to freely profess … Continue reading

Employees’ rights and obligations facing the use of social media: Limits between the right to intimacy and the employers authority

By Isabella Gandini on December 1, 2014 Posted in General

According to Article 15 of the Colombian Constitution, the right to intimacy has been recognized as a fundamental right that must be strongly protected by the State. The mentioned provision establishes that correspondence and other forms of private communication are unbreakable; this means that they cannot be intercepted or recorded unless if it exist a … Continue reading

Protection from discrimination to disabled employees

By Isabella Gandini on October 31, 2014 Posted in Latin America

Law 1618, 2013 guarantees the recognition of the rights of persons with disabilities, including affirmative actions to eliminate all forms of discrimination in accordance with 1346, 2009 Law. This provision ensures the following: recognition of the rights of children with disabilities; accompanying families; the right to habilitation and rehabilitation; to health; to education; to social … Continue reading

Flexible working – achieving a work life balance

By Isabella Gandini on October 15, 2014 Posted in General

An increasing number of countries and organizations offer now flexible working schemes, not only to help employees get balance between work and personal life, but to fight unemployment. Studies had shown that the term work-life balance can be defined as satisfaction and performance at work and also at home with a minimum conflict in between. … Continue reading

Employees’ Rights to Holidays

By Isabella Gandini on July 18, 2014 Posted in Colombia, Latin America

Under Colombian legislation employees hired by their employers by means of an employment agreement are entitled to mandatory rest days, such as national holidays which are stated in the Colombian Labor Code. According to Article 177 of the mentioned code, employees (…) are entitled to paid rest days on the following holidays, both of civil … Continue reading

Employees’ Rights on Redundancy

By Isabella Gandini on June 13, 2014 Posted in Colombia, General

When analyzing employees’ right´s on redundancy, caused by the unilateral termination on behalf of the employer, Colombian legislation has determined that the compensation to be paid must include amounts derived from lost profits and direct damages. Redundancy rights in Colombia will vary depending on the time worked and the salary accrued. In fix term labor … Continue reading

Whistleblowing – what protection do employees have?

By Isabella Gandini on May 16, 2014 Posted in Colombia, Latin America

Law 1010, 2006 regulates the protection for victims of labor harassment that denounce behaviors or conducts at the work place such us: assault, aggression, humiliation, inconsiderate and offensive treatment or outrage. The law includes a special protection in favor of the victim that denounces harassing conducts. According to the mentioned protection, the victim of harassment … Continue reading

Childcare obligations – What are an employer´s obligations

By Isabella Gandini on November 18, 2013 Posted in Colombia, Latin America

Under Colombian labor legislation the general rule is that child labor is prohibited. However, children under 15 years old may be authorized by the Ministry of Labor to work on artistically, cultural, recreational and athletic activities that do not exceed 14 hours per week. Additionally, teenagers between 15 and 17 years may work with an … Continue reading

Handling of personal data – Compliance with Colombian law

By Isabella Gandini on August 2, 2013 Posted in Colombia, Latin America

According to Law 1581 of 2012 and Decree 1377 of 2013, all individuals and legal entities that handle personal data must inform about the existence of such information in their databases. Holders of personal data must inform that the personal data will be treated in the strictest and most confidential manner, and that the information … Continue reading