What does the labor reform of the Government of Gustavo Petro say about job stability and layoffs?
The draft of the project, which was released this Monday, devotes its first chapter to these two points.
It indicates that hiring for an indefinite term “will be the general rule” and no person may terminate their work “by invoking presumptive terms or term, or termination of the fixed or work contract if the causes that gave rise to it persist.”
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The text, in addition, the description of the people who will have the right to “reinforced labor coverage”, which refers, as described by the Constitutional Court, to the right to retain employment, not to be fired in conditions of vulnerability and that the competent labor authority authorizes the dismissal, among other conditions.
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In the draft of the bill, some of the groups benefiting from this special protection are already covered by the current system. And others are included. The project indicates that people with this type of protection “can only be terminated if, in addition to the existence of just cause or a legal cause and having exhausted the respective procedure, the employer or beneficiary of the work obtains judicial authorization.” .
These are the people who will have reinforced labor protection, according to the draft of the project
-Supported by the trade union in the legal and conventional terms.
-Mothers or fathers head of the family without another economic alternative, that is, a woman or a man with minor, biological or adoptive children; disabled children; older children between the ages of 18 and 25 who are students, or who have to care for other disabled people who are financially and permanently and exclusively dependent on the mother or father, as long as the couple withdraws from fulfilling their obligations and whose family income corresponds
only to the salary earned. To be the holder of this benefit, it must be demonstrated that prior notice was given to the worker.
-Disabled, regardless of not having at that time the certification of loss of work capacity. The social model of disability will be used, in which a degree or numerical data of deficiency or magnitude of anatomical or functional losses is not considered, but the one that alludes to physical, mental, sensory or intellectual deficiency, regardless of the scale, provided that in a given context, this prevents the worker from his professional integration
or the development of occupational roles in dignified and equal conditions.
-Pregnant woman and up to 6 months after the birth, or her spouse, partner or permanent partner if she does not have a formal job, and is her beneficiary in the Social Security Health System.
-Pre pensioners, that is to say, to those who lack three (3) years or less to meet the requirements to obtain the old-age pension.
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