The labor reform of the Government of Gustavo Petro was brought to Congress on March 16. Almost a month after the proposal was announced, one of the key points has been the changes stipulated on the type of contract.
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Indefinite term contract
In principle, the indefinite term contract will be the pillar. The reform establishes that employment contracts may only be entered into for “attend to tasks of a temporary nature, either for a specific time, for the duration of the completion of a specific work or task or, to carry out occasional, accidental or transitory work“.
That is why indefinite-term contracts would be in force as long as they are not terminated according to the causes of the law and the employer may terminate it with a notice of 30 calendar days.
Fixed term contracts
Regarding fixed-term contracts, they will be for a term greater than one month and up to two months to meet temporary employer needs. Likewise, they must be held in writing and the temporary need that it seeks to meet and its relationship with the established duration must be specified.
“When the employment contract is entered into for a term of less than one year, the parties may extend it the number of times they deem appropriate. If, 30 days prior to the expiration of the agreed term or its extension, none of the parties express their intention to terminate the contract, it shall be understood to be renewed for a term equal to that initially agreed. In no case may the initial agreed time and its extensions exceed two years.“, explains the reform.
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Contract for work or work
The project also conceives the contract for duration of work or specific work that can be celebrate for as long as it lasts. It must be done in writing and the work or contracted work that you want to attend to and why it must be temporary must be indicated.
“When the employment contract for the duration of the specific work or work is not entered into in writing, when the contract does not specify the contracted work or work, when in reality it is intended to satisfy a permanent need of the employer or when once the contracted work or labor the worker continues to provide his services, the contract shall be understood to be entered into for an indefinite term from the beginning of the employment relationship“, the document points out.
It should be noted that the reform conceives that for fixed-term contracts and specific works or tasks, The worker will be entitled to vacation pay and social benefits in proportion to the time worked.
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Contract to provide services
Now the contracts for the provision of services They will have great limitations. The labor reform establishes that these may not be held with natural persons to carry out permanent and subordinate activities in private companies.
The reform also takes into account apprenticeship contracts, which is a special fixed-term labor agreement “by which a person in training develops a theoretical and practical learning as a student of an authorized educational institution, in exchange for a sponsoring company providing the means to acquire methodical and complete professional training required in the trade, activity or occupation“.
In this sense, dIt must be executed only in the time stipulated by the curricular designs or study plans a maximum of 36 months in two stages. Given this, the person must receive a remuneration that cannot be less than the minimum wage.
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Finally, the article conceives the agricultural contract that occurs when the worker He works doing tasks of an agricultural activity throughout the primary production chain.
“It will include those permanent, transitory, seasonal activities by virtue of the productive or seasonal cycles, continuous or discontinuous“, it reads in the labor reform.
This type of contract does not apply to agro-industrial companies and in the event that the activities that are allowed to be maintained for more than 27 continuous weeks for the same employer, It will be an indefinite-term contract.
The Minister of Labor, Gloria Inés Ramírez, has explained that the main idea of the reform is to eliminate ‘junk contracts’. That is, all those where rights are not guaranteed.
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