Littler Global Guide - Colombia - Q1 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q1 2022 Global Guide Quarterly updates   Download full Q1 2022 Global Guide Quarterly

Right to Disconnect from Work

New Legislation Enacted

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Law 2191 of 2022 defines the right to disconnect as the right of all employees to avoid any work-related contact outside their working hours, ordinary or overtime work, vacations, or any other statutory/contractual leaves. Thus, any clause or agreement that goes against the right to disconnect is not enforceable. Under the law, a persistent or recurrent infringement of the right to disconnect from work can be considered labor harassment. Some employees or situations can be exempted from this right: 1) employees in positions of trust (such as managerial positions), (2) employees who must be permanently available due to the nature of their role, and (3) in the event of circumstances caused by force majeure.

Value of the Support for the Generation of Employment for 2022

New Order or Decree

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Resolution 199 of 2022 provides the value of incentives employers will receive to generate employment in 2022, summarized as follows: (1) for additional employees between the ages of 18 and 25, financial support equal to 25% of the minimum wage, i.e., COP 250,000 (approx. USD 66); (2) for additional employees of any other age who earn up to three minimum wages, support equal to 10% of the minimum wage, i.e., COP 100,000 (approx. USD 26); and (3) for additional female employees over 28 who earn up to three minimum wages, support equal to 15% of the minimum wage, i.e., COP 150,000 (approx. USD 39).

Cost of Occupational Medical Evaluations and Complementary Tests or Assessments

New Regulation or Official Guidance

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Through Circular 015 of 2022, the Ministry of Labor reiterates the employers’ obligation to undertake the cost of occupational medical evaluations and complementary tests or assessments. The Ministry pointed out that, by virtue of its inspection and surveillance powers, it may impose fines equivalent to the amount of 1 to 500 current minimum monthly legal salaries on employers who charge or transfer the cost of occupational medical evaluations to applicants or employees.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.