11 puntos clave del nuevo proyecto de reforma laboral

For understanding and clarity of the content of this project, here are some key aspects outlined in the new labor reform.

WHAT IS RETAINED FROM THE LAST DRAFT OF THE REFORM PRESENTED IN THE PREVIOUS SEMESTER:

  1. INDEFINITE TERM CONTRACT AS A GENERAL RULE

The new reform maintains the idea of establishing an indefinite term employment contract as the general rule, with fixed-term contracts and contracts for the duration of a specific work or task being exceptions. The need being addressed and its connection to the specified duration or contracted work must be included in these contracts.

  1. ENHANCED JOB SECURITY

The unification, not restriction, of various types of enhanced job security is maintained. Requirements for dismissal are established for workers covered by: i) Union protection, ii) Enhanced occupational stability or health protection, iii) Maternity protection, iv) Pre-retirement protection, and v) Circumstantial protection or collective bargaining.

  1. INCREASE IN SEVERANCE PAYMENTS FOR UNJUSTIFIED TERMINATION

An increase in severance payments for various types of employment contracts is proposed. For fixed-term or task-based contracts, the severance payment cannot be less than 45 days' salary. For indefinite term contracts, severance pay will increase as follows:

  • Workers with less than 1 year of service: 35 days' salary or proportional time served.

  • Workers with 1 to 5 years of service: 35 days' salary for the first year and 15 days for subsequent years or proportional time served.

  • Workers with 5 to 10 years of service: 35 days' salary for the first year and 30 days for subsequent years or proportional time served.

  • Workers with more than 10 years of service: 35 days' salary for the first year and 60 days for subsequent years or proportional time served.

  1. WORKING HOURS AND OVERTIME

For daytime work, the workday would start at 6:00 AM and end at 7:00 PM. Nighttime work would start at 7:00 PM and end at 6:00 AM the following day. The reform also retains the modification of the value of Sunday and holiday overtime, which increases from 75% to 100%, gradually implemented between 2024 and 2026.

  1. PATERNITY LEAVE

Regarding paternity leave, the new labor reform stipulates a gradual increase in the weeks granted, reaching 12 weeks in 2026 as follows: 8 weeks in 2024, 10 weeks in 2025, and 12 weeks in 2026. It is important to note that paternity leave will be recognized proportionally to the weeks contributed by the father during the mother's gestation period.

NEW PROVISIONS:

  1. PROMOTION OF REMOTE WORKERS

The new labor reform aims to promote remote work by obliging a certain percentage of workers to work remotely. For companies with 20 to 50 employees, 5% of them must work remotely. For companies with 50 to 200 employees, 10% must work remotely, and for companies with over 200 employees, 15% must work remotely.

  1. OBLIGATION TO HIRE PERSONS WITH DISABILITIES

The new reform introduces an obligation for employers to hire persons with disabilities. Companies with 50 to 100 employees must hire at least 1 disabled worker or a recipient of a disability pension, regardless of the pension scheme. Companies with 101 or more employees must hire and maintain the employment of at least 2 persons with disabilities.

  1. TELECOMMUTING

Important changes regarding telecommuting include:

a. Transnational telecommuting is allowed, permitting the engagement of telecommuters working outside of Colombia. b. The limit on the number of days telecommuters must work from home, previously set at 2 or 3 days, is eliminated.

  1. SOCIAL SECURITY CONTRIBUTIONS FOR MICROBUSINESSES

The new text allows microbusinesses, defined as companies with up to 9 employees, to make partial social security payments, which must be calculated on a weekly basis, ending each month. This applies only to part-time workers.

  1. WORKERS ENGAGED THROUGH DIGITAL DELIVERY PLATFORMS

This version of the reform states that workers engaged through digital delivery platforms can be either dependent or independent contractors. For the former, the company must make social security contributions as legally defined, and part-time contributions are also valid. For the latter, the digital platform company will contribute 60% to health and pension plans, and the remaining 40% will be the worker's responsibility. Regarding work-related risks, both affiliation and payment are the responsibility of the employer.

  1. NEW FORMS OF EMPLOYMENT

The new labor reform introduces new forms of employment, different from the agricultural contract proposed in the previous reform project. These include: i) Professional athletes and coaches, ii) Workers in art and culture, iii) Journalists, social communicators, and related workers, iv) Green and blue jobs.

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