1. Work obligations to consider this New Year's Eve.
(i)Semestral service premium: Corresponds to a social benefit paid by the employer. It consists of one month of salary for each year of work or proportion, paid in June and December. (Article 306 Labor Code).
(ii) Cesantías* (as it is known in Colombia): Corresponds to a social benefit paid by the employer; It consists of one month's salary for each year of work or proportionally, it is recorded in the severance funds each year during February, or it is paid to the worker at the time of retirement. (Article 249 LC).
(iii)Cesantías* interests: Corresponds to a social benefit paid by the employer; It consists of an interest equivalent to 12% of the value of the severance pay; it is paid to employees in January of each year or at the time of the employee's retirement. (Article 249 LC).
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Labor Obligation
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Deadline Date
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Payment of premium for services
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December 20th
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Payment of Cesantias* Interest
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January 30th
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to deposit the value of cesantías*
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February 14th
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See: https://jadelrio.com/Boletines/Colombia/Flash43/1.1Leyesdesde1992-Vigenciaexpresaycontroldeconstitucionalidad[CODIGO_SUSTANTIVO_TRABAJO_PR010].pdf
https://jadelrio.com/Boletines/Colombia/Flash43/1.2Ley_50_de_1990.pdf
2. Ministry of Labor issues a response by filing 02EE2021410600000102238 Pre-Occupational Entry Examinations, regulated according to Resolution 2346 of 2007. This medical test is carried out to determine the health conditions of the worker before hiring. Here are some essential features to consider:
(i)They consider that the employee's exams are associated with the job profile they will perform.
(ii) Serology or pregnancy tests can be carried out with the applicant's prior consent, considering the possible inconveniences that may arise in the exercise of work - Ruling T-305 of August 2020.
(iii) Employers cannot request pregnancy and serology tests unless they objectively demonstrate they are necessary.
(iv)The test results must be handled under strict confidentiality through a certificate with the applicable recommendations and/or conditions.
(v)The value of the occupational tests is the responsibility of the employers – Circular 0015 March 2022.
See: https://jadelrio.com/Boletines/Colombia/Flash43/2.MT-ExamenesPreOcupacionales.pdf
3. Ministry of Labor issues a response on employers' responsibility to pay Service Premiums in cases of disability more significant than 180 days.
(i) According to the Substantive Labor Code Article 51, a sickness, disability, or accident is not considered a suspension of the employment contract.
(ii) A sickness, disability, illness, or accident of common origin is not deductible; this means the employee has the right to recognition of social benefits, premium for services, Cesantías* and Cesantías* interests.
See: https://jadelrio.com/Boletines/Colombia/Flash43/3.MT-PagoPrimadeServiciosTrabajadorIncapacitado.pdf
*(as it is known in Colombia)
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
