The second debate was held in the plenary session of the Chamber of the labor reform project, presented for the second time by the Government, and its process continues for the third debate in the Seventh Committee of the Senate. Although this project is substantially better than the one initially presented, due to the elimination of several articles related to the right of union association during the first debate in the Seventh Commission of the Chamber, the approved text remains adverse for companies.
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The document aims to strengthen the rights of formal workers under the premise of restoring rights that had been lost with Law 789 of 2002, but which, without a doubt, makes labor more expensive and discourages job creation in the country.
This is a proposal that, in addition, forgets the informal sector, which in Colombia in percentage terms is 55.9%, that is, a large part of the working-age population has not been taken into account, and is not considered. no solution for its integration into the legal labor model or the social security system. Nor is it focused on job creation.a fundamental premise for closing the social gap in a market economy model. It is regrettable to see how the country wastes a historic opportunity, both social and political, to comprehensively address the labor challenges it faces, such as unemployment and informality.
The vision of President Petro’s political project is based on the obligation of the private sector to generate employment, considering it a right of workers. However, this position ignores the fundamental rule of the free market economy, on which the formal source of employment in the country is based. The text includes several articles with provisions that generate legal uncertainty, lack of guarantees and an imbalance in the contractual relationship between employers and workers.
(See: The points approved in the labor reform that would directly impact workers)
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Companies, especially small ones, which represent 98% of the business fabric, will face difficulties and a greater administrative burden to comply with the new provisions. Some of them are:
– Extension of the night shift. Article 13 of the text increases the surcharge for night work by two hours, by returning the daytime shift from 6:00 am to 7:00 pm, placing Colombia among the countries with the longest night shift in the region. This modification would begin on January 1, 2026.
– Sunday and holiday surcharge. Article 17 increases the payment of the surcharge on days of mandatory rest and holidays, going from the 75% currently paid to 100%.
– Inclusion of family day. With the reduction of the working day from 48 to 42 hours per week, implemented in a phased manner until 2026, Congress, seeking a balance in benefits, eliminated the provision that granted two days a year as “family day” without prejudice to agree on complementary working hours. Notwithstanding the above, the recent reform has reactivated this benefit, which implies an additional burden for employers.
– Learning contract. In article 22, the transformation of the apprenticeship contract into a “special employment contract” considerably increases costs for employers. As of the entry into force of the law, the payment of premiums, severance pay, interest on severance pay, vacations, parafiscal taxes and pension contributions must be recognized, which are added to the current contributions for occupational and health risks. These new costs represent an estimated increase of 47% on the basic salary.
Regarding the remuneration of the apprentice, it is established that in the teaching stage he will receive a salary equivalent to 60% of the current legal minimum wage and in the practical stage 100%. Article 23 increases the monetization fee to 1.5 current legal minimum wages for each apprentice, seeking to discourage payment of the contribution, but ignores that companies choose to monetize the fee due to the lack of suitable candidates in the job offer. It is relevant to highlight that this reform also aims to allow apprentices to join union organizations and receive conventional benefits.
– Carrying out disciplinary processes. The seventh article establishes a period of five days so that the worker can exercise his right to defense, advised by a lawyer or legal office, which evidently restricts the disciplinary and sanctioning power of the employer, since it gives the appearance of judiciality to a procedure. purely administrative regulation. This modification represents a challenge for small and medium-sized companies, which generally cannot turn to legal advice in order to advance disciplinary processes.
– Licenses. The expansion of paid leave in Article 18 of the text can generate misunderstandings and conflicts, especially in ambiguous terms such as “serious domestic calamity” or medical conditions such as endometriosis. This increases the risk of litigation, as there may be disagreement over the scope and requirements of these licenses. The same applies to the introduction of leaves to attend scheduled or emergency medical appointments. In this case, the lack of obligation in the immediate accreditation of the permit is a door for indiscriminate abuse of the figure, as already seen, in the stability due to restriction of workers with medical situations.
The day of paid rest for every six months of work for those workers who use the bicycle as a means of transportation is a benefit that, although it promotes healthy and sustainable habits, its implementation does not have to become an additional burden on the productivity of workers. the companies.
This bill is halfway to becoming law.there are still two debates left, the Seventh Senate Commission has an enormous responsibility in the judicious analysis of the text, as it did at the time, with the health reform.
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MARÍA JIMENA ESCANDÓN
Partner of the Orza firm
