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
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
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
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
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
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
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
We are happy to announce a new feature to this blog: every month, all participating regions will post on a common theme. We hope that this feature will give our readers a quick glance into the differences and commonalities that exist between each of the various jurisdictions on a relevant employment and labour law issue.