One of the biggest bets within the social agenda that the National Government has been promoting in Congress, It is undoubtedly the labor reform.
(Read more: The curious case of a worker who was deceived with a strange ‘home office’ clause)
The proposed law aims to establish provisions for decent and dignified work in Colombia, as well as modify some labor regulations to meet that objective.
Specifically, one of the points addressed in the article has to do with the protection of the rights of the worker in the event of unjustified dismissal or failure to pay wages.
Compensation for unjustified dismissal
The proposal states that in the event of unjustified unilateral termination of the employment contract by the employer, the amount of compensation will depend on the type of agreement. However,Payment may not be less than 45 days’ salary.
For fixed-term contracts, the compensation will correspond to the value of the salaries corresponding to the time remaining to fulfill the stipulated term of the contract or its extension; while in temporary contracts The amount will be equal to the time remaining for the worker to complete the contracted work or task.
In the case of open-ended contracts, payment will be equivalent to 45 days’ salary when the worker has a period of service of no more than one year. If the worker has five or more years of continuous service and less than 10 years, payment must be made 30 additional days of salary over 45 basic days.
(Read more: These are the most unhappy jobs in the world, according to a study)
Dismissal
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(See: Informal employment broke a three-year trend and rebounded again)
Compensation for non-payment
If the initiative is approved, the labor reform establishes that, if upon termination of the employment contract, the employer does not pay the worker the wages, legal and conventional benefits and compensation owed, he must pay as compensation an amount equal to the last daily salary for each day of delay until payment is verified.
Please note that The above excepts cases of retention authorized by law or agreed upon by the parties.
(Read more: Four signs that the labor market in Colombia is deteriorating)
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