Leading commentary and perspectives on employment and labor law
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
