1. Law 2388 of July 26th, 2024. The Congress of the Republic issued it.

The Congress of the Republic of Colombia, through Law 2388 of 2024, defines the provisions to establish the nature of what should be understood as a "foster family " and the means of proof.

The law enacted by the Colombian Congress establishes guidelines to identify the nature of a foster family, determine its evidence, and recognize its rights and obligations, where it mentions that a foster family is one in which they have arisen in fact. Because of continuous cohabitation for a time not less than five (5) years, likewise, this law regulated the procedure before the family judge of the domicile or employing a public deed as long as they meet the requirements, this will allow the members of the family to have rights within the successions, visits from relatives to people who are deprived of liberty, holders of the right to food, mourning leave, beneficiaries of survivors' pension, social security in health, pension and family subsidy.

Congress modifies Article 57 of the Substantive Labor Code for the case of mourning leaves in foster families.

See:

https://jadelrio.com/storage/Boletines/Colombia/FlashNews53/Ley365de2024.pdf

2. The Congress of the Republic Through Law 2365 of June 20, 2024.

By which measures are adopted for the prevention, protection, and attention of sexual harassment in the workplace and higher education institutions in Colombia.

This law applies to workers, agents, employers, service provision contractors, interns, trainees, and other persons who participate in the work context, regardless of the nature of the relationship, to protect victims of sexual harassment in the workplace.

Employers are obliged to:

1. Create an internal prevention policy reflected in the internal work regulations, employment contracts, protocols, and routes of attention against sexual harassment in the work context. This policy must be widely disseminated.

2. Guarantee victims' rights and establish mechanisms to address, prevent, and provide guarantees of non-repetition within their competence.

3. Implement immediate protection guarantees to avoid irreparable damage within their competence.

4. Inform the victim of their right to go to the Attorney General's Office.

5. Immediately forward the complaint and report to the competent authority at the victim's request, respecting their right to privacy.

6. Refrain from carrying out acts of censorship that ignore the victims' right to publicly make visible acts of sexual harassment and refrain from carrying out acts of re-victimization.

7. Publish the number of complaints processed and sanctions imposed in the physical and electronic channels available every six months and send them to the Integrated Gender Violence Information System – as its acronym in Spanish (Sivige) within the last ten (10) days of the respective semester. Such publication must be anonymous.

8. If these acts occur, regardless of the type of connection, implement an immediate  collective action campaign to transform the work environment into a space of equality and freedom from violence.

9. Process complaints and take the necessary measures to restore the rights of victims within the scope of its Powers

See:

jadelrio.com/storage/Boletines/Colombia/Flash News 53/LEY-2388-DEL-26-DE-JULIO-DE-2024.pdf

3. Law 2357 of May 29th, 2024, issued by the Congress of the Republic, approving ILO Convention 183 on maternity protection, constitutes a significant advance for protecting the rights of working women and their unborn or newborn children.

The following provisions may be included in the Law.

(i) The employer is prohibited from dismissing a pregnant woman or during the leave mentioned in articles 4 or 5 during the period determined by legislation for these cases, except for reasons unrelated to the above.

The supervisory body must quickly validate the evidence provided by the employer.

(ii) Employers must guarantee that a pregnant or breastfeeding woman's functions do not harm her health or her child.

(iii) Employers must guarantee reinstatement to the same job or simulate it with the guarantees of the employment contract.

See:

https://jadelrio.com/storage/Boletines/Colombia/FlashNews53.pdf

The content of this newsletter is merely informative, that´s why it cannot be used under any circumstances as advice on the matter described in it. If you need advice on any of the aspects discussed, our team of professionals will be willing to assist you. contacto@jadelrio.com