1. Through concept 70859 of 2023, the Ministry of Labor reiterated that family day cannot be accumulated and must be granted once every semester.
The family day can be carried out in any of the following ways:
(i) The Employer can provide his resources, the place, and the way of carrying out this day so that the worker can share it with his/her family.
(ii) The Employer may carry out the necessary procedures with the Family Compensation Fund, and,
(iii) The employer must grant the worker a paid day off, on a business day.
If the company accepts the modification of the internal labor regulations regarding the maximum weekly workday of 42 hours, it presents the exception for compliance with this obligation.
See: https://jadelrio.com/storage/Colombia/30/1.Cpto-70859-23.pdf
https://jadelrio.com/Colombia/30/2.LEY2101DEL15DEJULIODE2021.pdf
2. Through Judgment SL014-2023 of January 24th, 2023, the Labor Chamber of the Supreme Court of Justice stated that reinforced job stability is applicable only in cases where the severity of the disability requires special protection; so that the affected worker not be excluded from their job.
It confirms that temporary disabilities are not a guarantee of reinforced job stability.
However, through the guardianship action, the reinstatement of an employee can be ordered if they manifest a condition of manifest weakness or invokes reinforced job stability regardless of the percentage of disability.
See: https://jadelrio.com/Colombia/3.Sentencia_SL_014_de_2023.pdf
3. The Labor Chamber of the Supreme Court of Justice, through Ruling STL16012-2022, indicates the conditions under which legal transportation assistance causes when the employee earns two minimum wages or less.
Additional relates to the conditions when the transportation aid is paid if the employee needs it:
(i) The company provides complimentary transportation.
(ii) The worker lives in the same workplace.
(iii) When employees live less than 1000 meters from the workplace.
(iv) neither does the right exist when the employee is on vacation, disabled, or on leave.
See: https://jadelrio.com/Colombia/4.Sent-STL-160122022(68820).pdf
4. Through file 02EE2019410600000051803, the Ministry of Labor clarifies the employer's obligations for recognizing and paying for disabilities.
(i) Disability from 1 to 2 days at the employer's expense with a percentage of 66.67%.
(ii) Disability from 3 to 90 days by the health entity with a percentage of 66.67%.
(iii) Disability from 91 to 180 days in charge of the health entity with a percentage of 50%.
(iv) Disability is more significant than 181 days up to 540 days in charge of the pension fund with a percentage of 50%.
See: https://jadelrio.com/Colombia/5.ObligacionesdeEmpleadorenIncapacidadesSuperioresa180DC3ADas.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
