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The 5 keys to understanding the labor reform that is being discussed in Congress

The 5 keys to understanding the Colombian Labor Reform 2024

It was a very interesting week House of Representatives. It is that the labor reform of President Gustavo Petro had his advances with the approval of 33 of its 80 articles thanks to the consensus between the ruling party and various opposition groups. Learn about the five approved keys to this great reformone of the flags of the current management.

Between Monday, September 30 and the night of Wednesday, October 2, several key points of the articles were passed, including the salary increase for night shift hours, whose surcharge will begin at 7 p.m.

However, you have to be patient because all the adjustments of the new regime They will be finalized if the reform is approved in its four debates before June 2025.

(Read more: Colombia Without Hunger: how do you know if you are a beneficiary with only the ID?)

What the labor reform is about

According to President Petro’s management, the labor reform in Colombia seeks to protect and vindicate the labor rights of 22.3 million workers, of which 8.9 million are women.

Furthermore, this reform incorporates a gender perspective to close gaps in the medium and long term.

Meanwhile, it was highlighted that, to guarantee the best proposal, there was support from the International Labor Organization (ILO), World Bank, UN, Ibero-American Social Security Organization (OISS), among other organizations.

(Read more: Guaranteed Minimum Income 2024: when do they pay it in October?)

5 keys to the latest changes in the labor reform

Labor reform

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1. Night time

Article 13 talks about the nightly salary surcharge for workers. Precisely, It was approved that it will begin to be applied at 7 p.m., but its entry into force would not be immediate.

Meanwhile, the closing of the day will be at 6 in the morning of the next day, and this adjustment will allow workers who work at this time to receive a 35% surcharge on their salary.

2. Outsourcing

One of the articles that also generated the most debate was about contractors and subcontractors, which required guaranteeing that these people have specialization and verified experience, so that they are recognized as employers and not intermediaries. But it was eliminated.

This led to debate the content of article 46, of special services companies, which details that These user companies will not be able to enter into commercial contracts with those entities that outsource. for tasks different from what was originally agreed.

3. Teleworking

Article 56 approved the teleworking modalities that include the autonomous, mobile, hybrid and transnational teleworking model.

Furthermore, it was ratified connectivity assistance for those workers who earn less than two minimum wages, in replacement of transportation aid. ANDIf this threshold is exceeded, the worker and the employer will negotiate if this aid can be provided, even if it is in a smaller amount, but it will not be a legal obligation.

4. Maternity and paternity leave

The extension of paternity leave was approved, which was left four weeks. Initially, the statement established that the duration of this license would be six weeks. As for women, they will continue to have 18 weeks (approximately 4 months) to take care of their children during that period. Furthermore, these work absences are maintained with remuneration.

“The National Government continues to fight to defend this article, maintaining that it will be a fundamental step to guarantee that parents can spend more time with their children and that responsibility does not fall only on women,” they officially stated.

5. Digital app deliverers

From article 24 to 30, The reform proposes that the employment relationship between delivery or home workers be recognized who work in digital applications, and that these platforms recognize their labor rights.

Between what is contemplated andis establishing dependent and subordinate relationships between home platforms and workers. It is also planned to regulate independent and autonomous relationships, which cannot include exclusivity clauses for the development of these logistics activities.

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