The presentation to initiate the discussions of the project of labor reforms It was settled this Wednesday in the Committee VII of the House of Representatives, after some last-minute setbacks in his presentation. And although most of the articles remained without major modifications, some issues were adjusted during, after the meetings with businessmen and the proposals received, the process of socialization in public hearings of this government initiative.
(Also read: Labor reform: these were the last-minute changes in the Government’s project)
In addition to the key issues of this project, related to the night shift, the payment of Sundays, the working day and other vital rights for Colombian workers, the initiative also addressed other key aspects such as the cost of compensation, the rights to the strike, the dismissals and their circumstances that, without a doubt, are of interest to millions of workers in the country.
In the final text it was enshrined that discriminatory dismissals were eliminated. For example, in article 11 of the aforementioned initiative (paragraph) it is indicated that the employee must prove that when he dismisses one of his collaborators his motivation must respond to «objective or non-discriminatory reasons»and if this is not supported, said dismissal will be considered ineffective and the worker will be entitled to reinstatement or compensation equivalent to that of unjustified dismissal.
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Precisely, another of the aspects addressed in the project is related to the changes in compensation when dismissals occur without just cause in companies. So things, Some amounts were adjusted to the proposal that this compensation cannot be less than 45 days when the worker has a seniority of no more than one year.
In indefinite-term contracts, compensation will be paid as follows: 45 days of salary when the worker has a service period of no more than one year; If the worker exceeds that time of continuous service and less than five, they will be paid an additional 15 days of salary over the basic 45, for each of the years of service subsequent to the first, and proportionally by fraction.
But if the worker has five or more years of continuous service and less than 10, they will be paid an additional 30 days of salary over the basic 45 for each of the years of service subsequent to the first., and proportionally by fraction; and if the worker will complete 10 or more years of continuous service, he will be paid an additional 60 days of salary over the 45 basic days, for each of the years of service subsequent to the first, and proportionally by fraction, specifies the project with the changes.
Regarding the right of workers to strike, the project contemplates that this can be exercised even in companies that provide essential services. However, it clarifies that: «When the exercise of the right to strike could damage essential services, the provision of minimum services must be guaranteed to avoid their interruption. Services whose interruption could endanger life, safety or security are considered essential.» health of all or part of the population.