Littler Global Guide - Colombia - Q2 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 Q2 2022 Global Guide Quarterly updates   Download full Q2 2022 Global Guide Quarterly

New Law for Employment of Currently or Formerly Incarcerated

New Legislation Enacted

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Law 2208 of 2022 was enacted to create opportunities for those who have regained their freedom after being in prison, are serving their sentences with work permits, or are in parole so that they may have access to the employment market. Among other things, the law provides: (i) A “second chance stamp” will be granted to companies that incorporate at least one employee who is part of the Law´s target population into their workforce; (ii) An economic benefit for companies who employ workers from the Law’s target population under fixed-term or indefinite-term contracts; (iii) When a company’s new hirings represent 1% of its payroll, it will only be obligated to pay 80% of the parafiscal contributions during the first year after the new hirings and 90% of the contributions during the second year; and (iv) When the company´s new hirings represent 5% of its payroll, it will only be obligated to pay 60% of the parafiscal contributions during the first year after the new hirings and 80% of the contributions during the second year.

New Statute of Limitations for Actions Based on Labor Harassment

New Legislation Enacted

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Law 2209 of 2022 modified Article 18 of Law 1010 of 2006 (Labor Harassment Law), by extending the statute of limitations for actions based on labor harassment from six months to three years after the alleged conduct has occurred.

Use of Technologies in Judicial Proceedings

New Legislation Enacted

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Law 2213 of 2022 adopted Decree 806 of 2020 as permanent law and was issued during the Health Emergency as a result of the COVID-19 pandemic. This Decree implemented the use of technologies in judicial proceedings to expedite judicial processes. The law establishes that, except in cases of force majeure, legal and judicial services will be made more flexible to the public with the use of technological and computer tools as a form of access to the administration of justice.

Work from Home Framework Defined

New Order or Decree

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

Through Decree 649 of 2022, the Ministry of Labor regulated the “work from home” (WFH) framework created by Law 2088 of 2021. The decree’s main provisions include: (i) Occasional, exceptional, or special circumstances are defined as extraordinary and temporary situations caused by events that are external to the labor relationship, or specific situations regarding the employee or the employer that allow the employee to render the services in a place different than the usual place of work; (ii) procedures for enabling WFH; (iii) obligations of the employer and employee during WFH; (iv) possibility for employees to provide services from abroad; and (v) WFH may be established under a “hybrid” model in which employees render services both from their homes and in the employer’s premises.

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.