In Colombia, the expression ‘fallen arms’ is not just a popular term: it refers to the sanction faced by employers who do not pay salaries and benefits at the end of a work contract. This measure It is regulated in article 65 of the Substantive Labor Code (CST) And it seeks to guarantee the economic rights of the workers, while sanctioning those who fail to comply with their obligations.
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Carolina Camacho, partner of Labor Law in Garrigues, explains that the term has a historical origin in the 1936 strike in General Motors, in Flint, Michigan, where workers remained inactive to avoid being replaced. In Colombia, The concept is applied when the employer delays or does not make salary paymentSy benefits when closing the employment relationship.
Article 65 of the CST states that, in these cases, the employer must pay the worker one salary day for each day of delay, up to a maximum of 24 months. After that period, the obligation becomes default interest certified by the superfinance. “The sanction protects the worker and punishes the employer’s bad faith”says Camacho.
Juan Sebastián Ramon, director of Ramon Salas & Asociados, points out that compensation has a double nature: compensatory and sanctioning. “On the one hand, it repairs the economic damage of the worker; on the other, he sanctions the employer to breach his obligation to pay in a timely manner,” Explain.
The sanction covers salaries and social benefits, But it does not include vacations or compensation. It is applied to fixed, indefinite term contracts, by work or work and even occasional.
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Minimum wage
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Camacho clarifies that it is not automatic: the worker must initiate a judicial process within 24 months after the termination of the contract, and it will be the judge who determines if there was bad faith.
During the first 24 months, The sanction corresponds to a salary day for each day of delay. If it is not demanded within that period or if the two years pass, only default interests are generated until the employer complies with the payment. In cases of workers with a minimum wage, the daily sanction can be extended even beyond 24 months.
The impact for companies can be considerable. “A salary day for each day of delay for 24 months generates a very high cost, especially in positions with high remuneration,” Ramon warns. In addition, it implies judicial processes, legal expenses and reputational risks. Camacho emphasizes that prevention is key: comply with timely payments, Avoid litigation and protect the company’s reputation.
In conclusion, the sanction for moratorium salaries protects the worker, encourages compliance and reinforces legal certainty in the workplace. “More than a punishment, it is a tool that guarantees trust and respect in labor relations,” Ramon concludes.
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Nelson Doria Arcila
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