Labor Law and Social Security
We offer advice to our clients in all matters related to the workplace and social security, particularly in the following areas:
- Workplace Harassment
- Authorization of overtime
- Due diligence
- Assistance in labor consultations
- Issues related to employment contracts
- Suspension of employment contracts
- Management of work schedules
- Preparation of work rules
- Elaboration of occupational safety and health regulations
- Devising of labor policies
- Preparation of documents such as contracts, additional or modification provisions, individual agreements and other documents required in this area.
- Representation in lawsuits
- Comprehensive advice on social security
- Occupational safety
- Advice on collective labor law
- And other issues and questions related to the workplace that may arise in the day-to-day running of the company.
New rules on paternity leave introduced in Colombia
Author: Daniel Salazar López
The Colombian Congress has passed Act 2141 (August 10, 2021) whereby a further protection has been granted to parents. Act 2141 incorporates several new provisions on labor matters and, in particular, on maternity and paternity privileges. The following are the most important aspects of the new law:
- Maternity leave was extended from three (3) months to eighteen (18) weeks after childbirth.
- Unless an authorization is obtained from the Labor Inspector, or the Municipal Mayor in the corresponding case, the dismissal of a worker, whose spouse, partner or permanent partner is pregnant or within eighteen (18) weeks after childbirth and is not formally employed, is prohibited. If dismissal occurs, the dismissed employee shall be entitled to the additional payment of an indemnity equivalent to sixty (60) days of salary.
- In addition, the indemnities and benefits that correspond by virtue of the employment contract shall be recognized.
- Paternity leave is not extended to the worker when his/her spouse, partner or permanent partner is in stable employment.
- Maternity leave is also extended to the parents in the same proportion during the 18 weeks following childbirth.
- The worker must notify the employer, verbally or in writing, of the pregnancy status of his/her spouse, partner or permanent partner and declare under oath that he/she does not have a stable job or that he/she is not a beneficiary of the Social Security Health System. Within the notification, the worker must present the necessary examinations and for this purpose she will have a term of up to one (1) month to prove the pregnancy status.
This new legislation is intended to protect the constitutional right to equality between men and women in the work environment and in harmony with the family environment.