Nature and Destination of Tips
New Legislation Enacted
On August 3, 2018, Congress enacted Law 1935-2018, to regulate the nature and destination of tips that employees receive from clients for rendering services. Under the law, tips are not considered salary because they do not remunerate for work. Rather, a tip is a client’s voluntary payment to recognize the quality of the service received and only the employee who renders the service is entitled to receive it. The law allows employees to agree with the employer on how tips will be distributed.
Working Hours for Guards
New Legislation Enacted
On July 12, 2018, Congress enacted Law 1920-2018 to regulate the hours of security guards working in the security industry. Under the law, security guards may work up to 12 hours per day without exceeding 60 hours per week. This means that an ordinary work day is eight hours per day and any supplementary work is limited to four additional hours per day.
Lactation Rooms at the Workplace and Their Implementation
New Order or Decree
The Ministry of Health enacted Resolution 2423 to guarantee breastfeeding employees adequate access to lactation rooms in the workplace to extract milk, preserve it, or feed their child during work hours. Employers in the public and private sectors with more than 50 employees or with a capital of at least 1,500 Colombian minimum legal salaries (approx. USD $400,000) are covered under this law and must register the lactation rooms with the Health Secretary for inspection. January 2019 is the implementation deadline for employers with more than 1,000 employees, and January 2022 is the deadline for employers with less than 1,000 employees.
Constitutional Court’s New Interpretation of Employment Stability for Pregnant and Breastfeeding Employees
Precedential Decision by Judiciary or Regulatory Agency
Under Colombia labor law, employees who are pregnant or breastfeeding cannot be terminated unilaterally without just cause, and the employer must obtain prior authorization from the Ministry of Labor before the termination. However, the Constitutional Court recently ruled in case No. SU-075 that if the employer is not aware of the pregnancy, the termination of the employment contract will not be presumed discriminatory, and the employer will not be required to pay social security contributions and other labor obligations as when discrimination against a pregnant or breastfeeding employee was the cause for termination.