Littler Global Guide - Colombia - Q3 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 Q3 2022 Global Guide Quarterly updates   Download full Q3 2022 Global Guide Quarterly

New Decree Facilitates Teleworking Arrangements

New Order or Decree

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

The Ministry of Labor issued Decree 1227 of 2022, to remove barriers for the implementation of teleworking. In relevant part, the decree eliminates the obligation for the internal working rules to include stipulations related to teleworking. Further, it requires teleworking employees comply with the teleworking policies and allows the parties to the employment relationship (i.e., employer and employee) to enter into their own agreement regarding the monthly allowance amount to compensate for costs related to teleworking (e.g., provision of public services).

New Decree Regulates the Various Economic Allowances by the System of Social Security in Health

New Order or Decree

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

New Decree 1427 of 2022 regulates the various economic allowances provided by the General System of Social Security in Health (Sistema General de Seguridad Social en Salud or SGSSS). Under the decree, to recognize a maternity leave, the mother’s affiliation to the SGSSS, payments of social security contributions during the pregnancy period, and a maternity leave certificate issued by the treating physician are required. If the employee does not pay social security contributions during the entire pregnancy term, the maternity leave will be paid proportionally to the contributions made. If the maternity leave is extended to the father due to the mother´s death, the paternity leave and the maternity leave will be compatible.

For a medical leave caused by common sickness or disease to be recognized and paid, the employee must be affiliated to the SGSSS for at least four weeks before the medical leave and present a certificate of medical leave issued by the treating physician.

New Decree Regarding Unemployment Benefits

New Order or Decree

Author: Juliana Ramos, Associate – Godoy Córdoba | Littler

New Decree 1493 of 2022 amends Decree 1072 of 2015 in various parts as it relates to the economic benefits for the unemployed provided by the unemployment fund (Fondo de Solidaridad de Fomento al Empleo y Protección al Cesante or FOSFEC). One of the main changes is that the unemployment benefits will be paid by the SGSSS. Accordingly, individuals who seek to receive these benefits must apply at the compensation fund to which they were last affiliated and such fund must respond within 15 days from the date of application.

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.