1. The Ministry of Labor issues Resolution 3031 of 2023, which orders employers to update the authorization to work overtime in cases that exceed the legal maximum time. Additional circular 0069, which generally confirms the criteria for authorizing or denying company requests, should be considered:
(i) Every employer must be authorized to work overtime that does not have a specific time. This authorization must be processed within six (6) months from the entry into the standard.
(ii) This update process is free.
(iii) Once the period established for the update has passed, the non-updated authorizations will lose validity.
(iv) If the employer carries out additional work without express authorization from the Ministry, they will be sanctioned through legal provisions.
See:
https://tramites.mintrabajo.gov.co:9445/tys-web/ciudadano/#/radicar_tramites_servicios
https://jadelrio.com/storage/Boletines/Colombia/Flash%2040/1.2%20Circular%20No.0069.pdf
*We attached a copy of the resolution in pdf format.
2. Through Resolution 1271 of August 14th, 2023, the Ministry of Health and Social Protection implemented essential changes to the PILA form:
(i) From October 1st, it will be mandatory to validate that the registered Code in field 98 of the “Economic activity code” is within those indicated in Decree 678 of 2022”.
Every employer must validate the economic activity code to make the payment correctly. The Social Security operators will not allow the payroll to be loaded if they do not have this information. This option applies to independent employees.
(ii) There is a restriction on the type of contributor with Special Permanence Permission – as its acronym in Spanish PE, from September 1st, 2023; all information operators will restrict the use of the kind of PE document. Migrants from Venezuela must request, through the Colombian Migration office, the Temporary Protection Permission (PPT).
See:
https://jadelrio.com/Boletines/Colombia/Flash40/2.ResolucioCC81n1271de2023.pdf
3. On March 8th, 2023, the Ministry of Labor issued circular 0026 focused on the prevention and attention to workplace bullying against women and LGBTIQ social sectors in the work environment.
The ministry calls on institutions and companies to adopt policies, programs, and/or projects to promote and reinforce labor relations development, looking for a benefit that minimizes gender discrimination.
Based on the different regulatory guidelines, jurisprudence, and international instruments such as the International Labor Organization - ILO, it promotes protective measures to prevent and raise awareness among workers regarding workplace bullying, looking for decent working environments based on respect for human rights.
These regulations are implemented through the working coexistence committee of occupational risk entities by formulating policies, manuals, and awareness-raising activities.
See:
https://jadelrio.com/storage/Boletines/Colombia/Flash%2040/3.Circular%200026.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
