Last Thursday, March 16, the National government filed in Congress its project of labour reform. The proposal has been the subject of debate for what it proposes regarding overtime, working hours, permanent contracts, but and What does it say about layoffs and job stability?
Regarding the latter, the articles say that no person may be given for terminated your employment relationship “invoking terms or presumptive term, or termination of the fixed or work contract if the causes that gave rise to it persist“.
(See: He agreed with him: Petro spoke about Uribe’s criticism of the labor reform).
The text also talks about the ‘reinforced job stability’, which refers, as the Constitutional Court has described, to the right to retain employment not to be dismissed in conditions of vulnerability and that the competent labor authority authorize the dismissal, among other conditions.
In the project, some of the groups benefiting from this special protection are already covered by the current system. And others are included.
(See: ‘We can make a serious mistake’: Mac Master on labor reform).
The project indicates that people with this type of protection “They can only be terminated if, in addition to the existence of just cause or a legal cause and having exhausted the respective procedure, the employer or beneficiary of the work obtains judicial authorization.“.
The beneficiaries of the “reinforced job stability”
– Protected by the trade union in the legal and conventional terms.
(See: How much would costs rise for a company with the labor reform).
– Mothers or fathers head of the family with no other economic alternative, that is, a woman or man with minor, biological or adoptive children; disabled children; older children between the ages of 18 and 25 who are students, or who have to care for other disabled people who are financially and permanently and exclusively dependent on the mother or father, as long as the couple withdraws from fulfilling their obligations and whose family income applies
only to the salary earned. To be the holder of this benefit, it must be demonstrated that prior notice was given to the employer.
Head of household mothers.
– With a disability, regardless of not having at that time the certification of loss of work capacity. The social model of disability will be applied, in which a degree or numerical data of deficiency or magnitude of anatomical losses or functional limitations is not considered, but rather that which alludes to physical, mental, sensory or intellectual deficiency, regardless of the scale, always that in a certain context this prevents the worker from his professional integration
or the development of occupational roles in dignified and equal conditions.
(See: Rappi’s position on the new labor reform).
– Women in pregnancy and up to 6 months after childbirth, or her spouse, partner or permanent partner if she does not have a formal job, and is her beneficiary in the Social Security Health System.
– Pre-pensioners, that is, those who are missing three (3) years or less to meet the requirements to obtain the old-age pension.
TIME
