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
Isabella Gandini
Key employment law developments expected during 2017
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…
¿What rights do workers have to rest breaks?
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…
What are the latest developments on whistleblowing in the workplace?
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…
What measures are in place (or proposed) to address gender pay inequality in the workplace?
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…
Is it possible for employers to change the terms of employment contracts?
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…
What protection do employees have against race discrimination?
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…
What are the employment implications of the transfer of a business?
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…
What protection from discrimination do employees have on grounds of gender?
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…
Notice rights – what rights do employees have to notice on termination of employment?
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…