Isabella Gandini

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Restrictive covenants

By Isabella Gandini on June 7, 2013 Posted in Colombia, Latin America

In Colombia as in many other Latin-American countries, non competence clauses are enforceable for the duration of the employment contract. This means that the restriction will disappear once the labor relationship is terminated. The fact is that according to Article 26 of the Labour Code, parties in a labor relationship are allowed to agree … Continue reading

Prior authorization to dismiss with cause a disadvantaged employee: Effective protection or abuse of same?

By Isabella Gandini on April 15, 2013 Posted in Colombia, Latin America

Many would have thought that the fact that a disadvantaged employee (either handicapped or suffering from a debilitating medical condition) has committed a serious breach, thus incurring in a cause of termination, would allow the employer to validly and unilaterally terminate her or his employment contract without prior authorization from the labor authority and without … Continue reading