1. On april 30th, 2024, the Ministry of Health and Social Protection issued Resolution 738 of 2024, which presents the validations of the Social Security Payment Operators (PILA) and the Occupational Risk Administrators

i. Type and ID Number of the employee and company document. 

ii. Code of the Risk Administrator to which the company belongs. 

iii. The reported entry date of the employees in the Occupational Risk Administrator position will be validated, and this must coincide with the base provided by the Ministry of Health and Social Protection. 

Payment operators will report the news to the Occupational Risk Administrators. 

It is important that employees are hired and registered with the Occupational Risk Administrator one (1) business day before the effective date of entry to minimize reports of inconsistencies by the Social Security Payment Operator and, in the future, avoid requirements by supervisory entities and the UGPP (Pension and Parafiscal Management Unit).

See: https://jadelrio.com/storage/Boletines/Colombia/Flash%2055/201.pdf

2. The Constitutional Court of Colombia issues Sentence T-289 of 2024, which protects the fundamental rights to due process, social security, and equality.

iv. Failure to comply with the obligations of the employer or the pension administrator cannot be transferred to the worker, so recognition of the pension right cannot be denied on the grounds of non-affiliation or late payment of contributions.

v. The omission of affiliation cannot mean the lack of protection of fundamental rights.

vi. The length of service for which the failure to affiliation is presented must be considered.

vii. Pension administrators have the power and duty to advance the process of collecting contributions in arrears.

See: https://jadelrio.com/storage/Boletines/Colombia/Flash%2055/T-289-24.pdf

3. On july 3rd, 2024, the Constitutional Court of Colombia issued Judgment T-259 of 2024, which reports on the guarantees derived from the paternity jurisdiction.

viii. Paternity leave is a fundamental right of parents based on human dignity, the right to form a family, freedom, autonomy, the free development of personality, and decent and fair work.

ix. Paternity leave applies to all employment relationships, whether verbal, fixed-term, indefinite, work or other.

x. Paternity leave arises from the notification to the employer of the pregnancy or birth of the minor.

xi. The employee may not be dismissed. At the same time, the mother of his/her child is pregnant or within 18 weeks after childbirth, considering that the Court extended protection to the nursing spouse who is without an alternative job and accredits her status as a beneficiary to the Social Security System in which the worker to whom the protection is extended is located. 

xii. Prior authorization from the Labor Inspector is necessary to terminate the employment relationship with an employee under parental jurisdiction.

See: https://jadelrio.com/storage/Boletines/Colombia/Flash%2055/T-259-24%20-%203.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