The Minister of Labor, Gloria Ramírez, prepares the final text of the labor reform to present it to the Congress of the Republic. The tentative date is March 16 for the articles to be filed in the Legislature and, thus, the discussions begin.
The draft of the bill has been known in the last few hours, with which it is expected to conform to the package of reforms proposed by the government of Gustavo Petro. Among the 77 articles, there is one that refers directly to contracts for the provision of services. This is what would change if the Government gives the go-ahead to the Petro reform.
Who could not be hired under the provision of services?
Article 17 of the draft is entitled “limits to the use of the contract for the provision of services”, whose objective is to specify who They may NOT be hired through these.
“It may not be linked by means of a contract for the provision of services or any other type of non-labor contracting to people who carry out permanent and subordinate activities in public and private companies”, the document states.
What would happen if you were still contracted to provide services?
If those who carry out permanent and subordinate activities in public and private companies are linked to this modality, the contract will not be recognized.“Understanding for all legal purposes that from the beginning there has been a labor relationship with the right to payment of salaries and social benefits contributions to the social security system in the terms established by law for any subordinate worker.”
(In addition: This is how vacation days would be with the labor reform of the Petro government).
Contracts for the provision of services will be limited if the labor reform is approved.
What would happen if the employer terminates the contract for the provision of services?
If the project is approved, in the event that the worker terminates the contract for the provision of services “without just cause or invoking the termination” of that modality, there will be no effect. The employees must be reinstated and they must be recognized “all the salaries and benefits not accrued between the dismissal and the effective reinstatement.”
If you sign contracts for the provision of services successively, what would happen?
For workers who enter into contracts successively, that is, after finishing one, “it will be presumed that there is only one between the termination of one and the beginning of the other“When no more than a month has passed.
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Call to public entities
Article 17 of the draft of the reform also calls on public entities to advance “the formalization processes gradually and systematically in order to link those who work for the provision of services in temporary plants carrying out activities, with meritocratic criteria and vocation of permanence in public employment”.
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