Hiring Through Cooperatives and Pre–Cooperatives

New Legislation Enacted

Author: Francisco Buriticá Ruiz, Partner & Laura Buriticá Córdoba, Partner – Godoy Córdoba, Littler Global Colombia

On February 19, 2018, the State’s Council nullified Article 2 of Decree 2025 of 2011, which prohibited companies from entering into agreements with cooperatives or pre-cooperatives, for the provision of essential functions (known as “procesos misionales”), and impacted the freedom to hire, which is a legal activity. With this ruling, it is possible to hire through cooperatives and pre-cooperatives.

Social Benefits During Medical Disability

New Order or Decree

Author: Francisco Buriticá Ruiz, Partner & Laura Buriticá Córdoba, Partner – Godoy Córdoba, Littler Global Colombia

The Ministry of Labor recently reiterated that social benefits accrue during periods of medical disability. During an employee’s sickness and medical disability, the contract is not suspended and social benefits accrue. Until the time of termination, the employer is obliged to settle and pay all labor and social benefits provided in the current regulations.

Job Stability for Pre–Pensioners

Precedential Decision by Judiciary or Regulatory Agency

Author: Francisco Buriticá Ruiz, Partner & Laura Buriticá Córdoba, Partner – Godoy Córdoba, Littler Global Colombia

On February 8, 2018, the Constitutional Court unified the concept of job stability for those employees who are about to retire, arguing that public employees do not enjoy job stability because of the responsibilities inherent to their position and the trust that their work demands. In addition, the Court noted that when the only missing requirement to access the old-age pension is age, the individual cannot be considered a beneficiary of pre-pensioners job stability since this requirement can be met later.

Enforceability of Retirement Plans Drafted by the Company

Precedential Decision by Judiciary or Regulatory Agency

Author: Francisco Buriticá Ruiz, Partner & Laura Buriticá Córdoba, Partner – Godoy Córdoba, Littler Global Colombia

Employees filed a lawsuit seeking to invalidate their agreement to the retirement plans, alleging that they were coerced by their company and the participation of the Labor inspector. On January 24, 2018, the Supreme Court of Justice rejected their arguments, finding that prior preparation of documents by the company does not mean coercion existed, noting that the documents were clear and employees could decide whether to sign them. Also, the participation of the Labor inspector does not imply coercion or affect the validity of the retirement plans. The Court concluded that proposing retirement incentives to employees is a legitimate and civilized way to end labor relations.

Leave for Voters and Voting Juries

Trend

Author: Francisco Buriticá Ruiz, Partner & Laura Buriticá Córdoba, Partner – Godoy Córdoba, Littler Global Colombia

During the recent elections, there were labor concerns about the compensation that employees who vote and act as voting juries should receive. Under Art. 3 of Law 403 of 1997, an employee who has voted is entitled to half-day of compensation for the time used to vote. In contrast, under the Electoral Code (Decree 2241 of 1986), an employee acting as a voting juror is entitled to one compensatory day of paid rest. The Ministry of Labor recently clarified that the compensation for these two types of leaves does not accumulate for an employee who both exercises the right to vote and performs the role as a voting juror.