It is generally believed that in order to resign or fire a worker it is necessary to notify at least 15 days in advancebut what does the Colombian regulation say?
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According to Legal Affairs, what is known as notice is a figure that only applies to fixed-term contracts. Since these have a start date and an end date. However, the law explains that if there is no communication in the contract sense, it will be understood that the contract was renewed.
Therefore, it is key that if someone wants to resign, they do so clearly and unequivocally. at least 30 days before the contract termination date. Of the contract, the regulations explain that it would be renewed at the same term that was set at the beginning.
“With notice, one of the parties notifies the other, 30 days in advance, that the contract is not going to end, that is, that it ends for a legal reason that is the expiration of the agreed term, not because there is a subjective cause”, explained Juanita González, Labor lawyer of Álvarez Liévano Laserna, for the aforementioned media.
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However, if the notice is passed 29 days before the termination date, it will no longer be valid. In addition, the day on which the term expires should not be used for this calculation, and it is understood that the notification time begins to run from the day it is sent.
Resignation
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“If the fixed term is less than one year, the contract may only be successively extended for up to three equal or lesser periods, after which the renewal term may not be less than one year, and so on”, reads article 46 of the Substantive Labor Code.
This type of regulation applies to both employers and employees. Now, the regulation does not include employee penalties if you stop showing up when the contract ends.
What about indefinite-term contracts?
Along with this, for indefinite-term contracts, “the worker is completely free to resign from one day to the next, there is no duty of notice unless the parties have agreed to it in the contract”, explains Gonzalez.
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This does not apply to employers, since if they want to end the employment relationship they have two ways to do it: without just cause or with. In the first case, compensation must be given. In the second case, the employee must be heard and the decision made with a clear motivation in the termination of the contract.
In case of just causes, the employer has to give a advance notice of not less than 15 days. Otherwise, the termination of the contract will not have an invalidity effect on your advertisement.
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