In the Colombian labor environment, there is a category of employees known as “management, trust and management workers”. These workers perform management or administration functions and occupy a special hierarchical position within the company.
As expressed by the Chamber of the Court and the extinct labor court on various occasions, the directors, managers, administrators and other employees highlighted in article 32 of the Substantive Labor Code (CST) are examples of this category, although this list it is illustrative and not exhaustive.
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An employee of ‘trust and drive’ sIt is distinguished by its disciplinary and command faculty, as well as its organic and coordinating role in the company. Its main objective is to contribute to the development and success of the organization.
These workers perform liaison functions between the sections they direct and the central organization, and are endowed with a discretionary power of self-decision. In addition, he holds positions that are directly oriented towards representing the employer in the framework of labor relations, he explained. Legal field.
The magazine also adds that, in legal terms, article 32 of the CST establishes thats Employer representatives, such as directors, managers, administrators, trustees or liquidators, stewards and ship captains, as well as those who perform acts of representation with the express or tacit consent of the employee, are considered management, trust and management workers. these employees have the right to trade unionwhich implies special protection in the workplace.
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How does this figure work within employment?
It is important to note that management workers and those who work for the representative may be excluded from the benefits established in a collective agreement or an arbitration award. This is due to the particular nature of its functions, which are more oriented to represent the employee than to the collective interests of the workers, says the aforementioned magazine.
Furthermore, these employees are subject to specific rules regarding compensation in money, accumulation, replacements and interruption of vacations. In article 162 of the CST, people who hold management, trust or management positions they are excluded from the regulation on the maximum legal working day, which establishes 48 weekly hours and an ordinary eight-hour daily workday.
Despite this exclusion, it is important to mention that the Constitutional Court, in Decision C-372 of 1998, says that the enforceability of literals a) and b) of article 162 of the CST, references to the maximum legal working day, explains the aforementioned magazine.
This is why the Court jumped the importance of rest as a fundamental right that allows the worker to recover energy, protect their physical and mental health, and dedicate themselves to other activities that promote their integral development as a person.
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