This is the labor reform proposed by merchants

This is the labor reform proposed by merchants

The National Federation of Merchants (Fenalco) reported that as a result of the coordinated work between the different business sectors Ten initial issues have been identified to be addressed in the process of preparing the project of labor reform carried out by the National Government.

According to the union, its proposal aims to “ensure that the efficiency of the virtuous circle made up of cost reduction for the productive sector, savings, investment and job creation, produces better living conditions for all Colombians”.

(See: Employers and unions presented proposals for labor reform).

The decalogue proposed by Fenaldo is the following:

A reform cannot be thought of without acknowledging the needs of those who do not have a job today and of those who, having it, do not have the benefits, guarantees and benefits of the labor legislation. Any reform to Labour Code It must generate greater incentives for hiring workers and for this hiring to be formal.

The state tasks enshrined in article 2 of the Constitution require all branches of public power to promote general prosperity, that can only be achieved by promoting access to jobs that make it possible to guarantee the enjoyment of fundamental rights.

For this it is necessary bring labor supply closer to demand, in such a way as to guarantee that the market has sufficient incentives to absorb unemployed people and, furthermore, that those people who are hired today illegally or, in informal conditions, have access to the benefits of having employment contracts adjusted, in everything, to the law.

2. Outsourcing of services

The outsourcing of services, also called outsourcing, It constitutes a strategy to ensure greater productivity while preserving workers’ rights. Through this figure it is possible to link to the labor market people who, if it did not exist, would remain unemployed.

(See: The keys to the wave of layoffs in technology giants).

Therefore, it is considered necessary maintain the current legal provisions that regulate this modality, in such a way that outsourcing is an option for both workers and employers.

Labor outsourcing.


3. Special working days

Public policies in large cities lead to the operation of economic activities for 24 hours. These new trends make it necessary rethink the schemes of working hours, consistent with the demand for goods and services and with the capacity of the urban infrastructure.

Certain economic activities are carried out at night, as opposed to those that, by their nature, are carried out during the day. This is not an exception as in the case of overtime, but the general rule, in certain activities that involve night work.

Therefore, it is proposed that, for the purposes of the activities carried out at night time, and only for them, the treatment is adjusted to eliminate the surcharge for night work with a working limit at that time, as stated in comparative legislation.

Night work makes it possible to take advantage of urban infrastructures, bring the production of goods and the provision of services closer to the needs of consumers and, consequently, generate new jobs.

Likewise, it is recommended recognize other types of days according to the needs of consumers of goods and services, in a manner consistent with the needs.

(See: Economic slowdown would slow down the recovery of employment in the country).

4. Formalization of part-time work

part time job recognizes the needs of the productive units that, either due to the specialty of the companies and their products and services or, due to seasonal conditions that generate peak hours and valleys, require greater workforce at certain times or times.

In the same way, it allows more time for the worker to enjoy and generates employment opportunities. Many of these people could access the benefits of formal work if part-time work were clearly enshrined, with benefits proportional to what is earned.

Denying this possibility prevents the access of unemployed people to the formal market through part-time contracts and, at the same time, limits the possibilities of developing legal economic activities by employers, which would make it possible to guarantee greater resources to boost the economy.

5. Reinforced job stability

The positive discrimination claimed through reinforced stability for some population groups may result in a negative, unwanted and reprehensible discrimination, when accessing formal employment.

Consequently, stability must be the result of good self-regulation practices, that many employers have already implemented, and not mandatory provisions that may create disincentives to job creation.




6. Apprenticeship contract

The apprenticeship must be useful to complete the training of the apprentices who receive education through the Seine and must respond to criteria of relevance and necessity, so as to guarantee that, with the people who pass the apprenticeship stage, the needs of the companies are met to thus ensure the continuity of the apprentice in them, as a worker.

Therefore, the cases in which the employer does not require the hiring of apprentices must be reviewed, without it being necessary to pay a sum to the State that, in terms of monetization, corresponds to a true tax.

Also, it is required strengthen the relevance of SENA’s training so that it meets the needs of businessmen who are the ones who make parafiscal contributions to that entity.

(See: New working model).

7. Notice for resignation of the worker

The equivalence in terms of legal certainty for the purposes of the employment contract must be preserved through the requirement of prior notice in the case of dismissal without just cause by the worker.

(See: These are the best paid jobs in the country for this 2023).

Preserving the stability of the employment relationship It allows, through the legal certainty that is guaranteed, that the productive unit can count on conditions that allow it to make economic forecasts, at least in the short term.

In the same way, it preserves, at least partially, the investment made by both the worker and the employer in the learning curve for the performance of the job of the person who retires.

8. Hybrid work models

Working from home has proven its virtue under the critical conditions of the pandemic and constitutes the most efficient way to provide certain services.

The legislator must clarify the modalities of this type of employment, when it comes to permanent or exceptional situations and, at the same time, generate incentives for those cases in which the activities can be provided under this modality permanently (at home totally or through hybrid systems).

(See: They offer 500 scholarships for young people looking for their first formal job).

In this way, transport time and the costs derived from it (including environmental ones) are significantly reduced, while at the same time it increases the time available for workers to share with their families.




The growth of the offer of services through digital platforms It is a clear example of the development that new technologies have had in the country, contributing to economic growth, meeting consumer needs and generating new forms of income for families.

The relationship of the platforms with their collaborators is one of service provision, under the multiple and diverse modalities implemented by each of them, preserving flexibility of the collaborators’ schedule, without it being possible to presume, as a general rule, the existence of subordination.

The over-regulation of activities carried out through digital platforms can generate brakes on innovation in disruptive sectors and limit the flexibility in terms of availability and schedules of those who provide their services in these sectors.

(See: A second job, the option if the salary does not pay due to inflation).

10. Constitutional labor principles

Article 53 of the Constitution enshrines nine labor principles. These principles are developed by jurisprudence, applying the constitutional provisions to specific cases. The virtue of such principles is the ductility with which they adapt, over time, to various situations and conditions.

For this reason, the inclusion of new definitions in the law limits the application of the principles to specific cases by the judicial branch, freezing interpretations in time and avoiding the evolution and flexibility required to protect the rights of job seekers and formal and informal workers.


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