This week the country learned about the draft of the bill that would be the basis of the labor reform of the government of President Gustavo Petro, which would be officially filed on March 16.
(Rappi and others, pay attention: this is what the labor reform says about platforms).
The project establishes changes in the current regulations, based on the concept of “employment stability”, and in which he proposes to regulate work on digital platforms. Besides, contemplates reduction of working hours, among other points.
This is precisely one of the aspects that attracts the most attention and generates the greatest controversy, since for experts, the definition of the working day has a direct impact on benefits, which would affect companies that would have to assume cost overruns.
(Why would the labor reform generate more unemployment? Fenalco responds).
Article 20 of the draft establishes that the maximum duration of the ordinary working day is eight hours a day and 42 hours a week, which may be distributed, by mutual agreement between employer and worker, in five or six days a week. .
For his part, Article 19 indicates that daytime work is carried out between 6:00 am and 6:00 pm, while night work is from 6:00 pm to 6:00 am the following day.
In other words, the night surcharge would start three hours earlier than the current time, which currently starts at 9:00 pm.
In the case of proprietary directors, the draft provides that they be remunerated “with a surcharge of one hundred (100%) on the ordinary salary in proportion to the hours worked without prejudice to the ordinary salary to which the worker is entitled for having worked the full week.”
(This is the draft of the labor reform bill).
For Fenalco, the country’s merchants’ union, “If these initiatives are approved, companies would have to assume cost overruns that could exceed 20%, more if the working day is taken into account, which each year, starting in 2023, will subtract one hour until reaching the 42 weekly. With the 16% increase in the minimum wage, labor costs this year, compared to 2022, would be between 35 and 40% higher.”.
According to a survey carried out by Fenalco, with these advertisements the business would face situations that could jeopardize its income and profits.
The survey shows that 85% of the companies carry out activities during the day, at night, on Sundays and holidays, so making hiring more expensive for those who work at night affects all businesses: restaurants, bars, accommodation, transport, entertainment and to surveillance and private security companies.
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