A group of 25 congressmen, most of them liberals, presented in Congress a alternative labor reform bill to that of the Government of Gustavo Petro, a document that includes the recommendations made by the Labor and Fiscal Observatory of the Pontificia Universidad Javeriana.
The idea of the congressmen, among whom are some like Carlos Ardila, is that these changes are included in the original proposal, which could be approved in this legislature if extra sessions are called.
(You can also read: Labor reform: what a study says that projects more than 450,000 layoffs)
These are the big changes compared to the initial project led by the Labor Minister, Gloria Inés Ramírez.
Gradual shift changes and depending on the informality and unemployment rate:
According to the Government’s project, the night work shift would begin at 6 pm and not at 9 pm, as is currently the case, that is, it would be three hours earlier.
In addition, it seeks to increase the Sunday and holiday surcharge from 75 to 100 percent of the ordinary salary in proportion to the hours worked.
However, the counter-reform proposes that the day stay as it is today, that is, that it go until 9 at night and that As of January 1, 2024, it will be reduced until 8 p.m.
According to the Government’s project, the night work shift would start at 6 in the afternoon and not at 9 at night, as is currently the case.
In addition to this, he proposes that when the labor informality rate is below 45% and unemployment below 9%, the night shift of the following year begins at 06:01 pm
This is justified because the increases in labor costs due to nightly recharging concepts could affect companies, even more so considering that the entire economic sector is still in the recovery phase after covid-19 and is currently hit by high inflation and high interest rates.
“To the extent that the economic outlook improves and there is more formality and less unemployment, the daytime shift may be reduced, until 6 in the afternoon,” maintains the proposal of the congressmen.
Regarding Sunday surcharges, proposes that it rise from the current 75 percent to 85 percent.
What both projects share is that the working day does not exceed 8 hours a day or 42 hours a week, distributed over 5 or 6 days a week, always guaranteeing a day off.
Changes in outsourcing and service companies
temporary
The Government project seeks that all people hired or subcontracted in companies have the same salary and benefits rights. However, the new proposal says that if the contractor and contracting companies have the same structure of legal and extralegal payments, it could have negative consequences for micro and small companies.
The government project also talks about reducing the figure of the Temporary Service Companies (est)Since these contracts could not be entered into in the case of permanent activities.
The proposal signed by the 25 congressmen seeks to define the figure of Temporary Service Companies. It is said that these are the only ones authorized for personal supply on mission and that they will be used when dealing with occasional work, when personal replacement is required during periods of temporary absenteeism due to licenses, permits, vacations and/or disabilities, or to meet increases in the production, transportation, product sales or harvest periods.
“Our project defines the productive chains and strengthens the inspection processes to sanction non-compliance with labor obligations,” they say.
The ‘rappitenderos’ spoke about their claims and needs.
Presidency of the Republic / Courtesy Dattis
Work on digital platforms:
One of the changes brought about by the labor reform project filed by the government is that it seeks to formalize all those people who today They work on digital technology platforms, such as Rappi and Uber, among others.
Minister Ramírez’s proposal is that the workers of digital distribution or delivery platforms must be linked by an employment contract and social security contributions must be made as dependent workers, who may be part-time. Of course, it is specified that in this type of work you will not be able to agree on the exclusivity clause.
The alternative labor reform project has a whole chapter to define what independent, collective and subordinate work is.
“Digital intermediation of work or services is understood to be that activity by which a digital platform or web page makes use of information and communication technologies to put service or job providers in contact with service or job applicants. , as well as with end users, with the presence of a commission or remuneration for the exercise of intermediation”, says the new proposal.
It also says that the platforms that carry out digital intermediation of work You must join the social security pension and occupational risks and assume the social security payment in proportion to the monthly income earned by all those workers who, through the platform or using it, receive an income of less than a minimum wage.
“When in the respective month the workers generate income higher than the salary, Social security contributions in health, pension and occupational risks will be borne by the worker or worker in proportion to 40% of the monthly income earned and the platform that mediates the work will be in charge of withholding and discounting the corresponding amount of the payments to be made through the platform”, says the new proposal.
The Government project seeks that all people hired or subcontracted in companies have the same salary and benefits rights.
Guillermo Ossa. TIME.
Contribution to social security for income
The new proposal speaks of the fact that the pension contributions and occupational risks of people who earn monthly income less than a minimum wage will be made in proportion to the monthly income received in the corresponding month.
“This substantially benefits people with informal jobs, who will have incomes of less than one minimum wage,” say the congressmen.
Thus, instead of contributing for weeks as it is today, it would be quoted in proportion to the income received and each time a person completes a quarter of a minimum wage (which is about 290,000) of income, a week of contributions is added.
Per diem as salary
Congressmen propose that permanent per diems constitute salary in that part paid in money and intended to provide the worker with food and accommodation; but not in what only has the purpose of providing the means of transport or the expenses of representation.
“Whenever they are paid in money, the value of each of these concepts must be specified to determine the salary connotation of the per diem in maintenance and accommodation,” says the proposal.
