Colombian workers now go to work one hour less per week. The legal working day was 48 hours, but as of this Sunday, July 15, Law 2101 of 2021 began to apply, by which it was reduced to 47.
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The law, which was led by the former senator of the Democratic Center Alvaro Uribedetermines that the working day will be gradually reduced year by year until reaching 42 hours a week in 2026: In this 2023, 47 hours will be worked, in 2024 it will drop to 46, in 2025 it will reach 44 and in 2026 at 42.
Countries in the region such as Ecuador already have a 40-hour work week established and, for example, in Chile a project was found a few months ago to reduce the work week from 45 to 40 hours. In addition, others like Mexico are analyzing lowering them from 48 to 40.
This measure seeks to increase the quality of life of workers while gaining in work performance.
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This measure seeks to increase the quality of life of workers while gaining in work performance. “Exceeding physical capacity can have great consequences such as stress, anxiety, aggressiveness, and even suffering from mental fatigue and physical exhaustion, which can lead them to make mistakes and suffer accidents at work,” says Sandra Patricia Hernández, a professor at the Grancolombiano Polytechnic.
Possible sanctions
With this law, the rights are guaranteed for all types of workers, that is, Their salary cannot be reduced and they will have to be paid the corresponding overtime. Otherwise, companies will be exposed to sanctions.
“Any company that does not comply can be subject to sanctions by the Ministry of Labor. The worker can go to the ordinary labor courts in the event that the worker is not recognizing the additional surcharges according to the new maximum working day. Likewise, in the event of an accident or occupational disease where the exhaustion of the worker is a determining factor, the employer could be responsible for the damages caused to the worker through actions of employer fault”, says Catalina Santos, partner of the labor team of Brigard Urrutia.
Catalina Santos, partner in the labor area of Brigard Urrutia.
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Employers and workers will have to agree to distribute the hours between 5 and 6 days a week, with a guaranteed rest day. In addition, the employee may not schedule two shifts on the same day, except for those directing, trust and management workers.
Of course, the law contemplates a series of exceptions. For example, for tasks that are especially dangerous or for adolescents. On this last point, it says that all those authorized to work between the ages of 15 and 17 can only have a maximum daytime shift of six hours a day and 30 hours a week until 6:00 in the afternoon. Meanwhile, those over 17 years of age will only be able to work 8 hours a day and 40 hours a week until 8:00 at night.
Of course, the law contemplates a series of exceptions. For example, for tasks that are especially dangerous or for adolescents.
Costs rise
By reducing an hour, companies could have an economic impact since they would have to pay the surcharges for additional work from the moment the new maximum working day is exceeded or even if more workers are required to be hired to meet the needs.
For this reason, this norm was rejected from the beginning by the private sector. As Jaime Alberto Cabal, president of the Fenalco merchants union, told EL TIEMPO, the cost of the payroll could rise by 2 percent and when the day reaches 42 hours, by 6 percent per month.
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“It becomes an extra hour for the companies that need the services. Each month each worker will cost the company 4 hours with a 25 percent surcharge. This means that the payroll increase could reach up to 2 percent, depending on whether the time is day or night,” he explained.
Jaime Alberto Cabal, president of Fenalco.
Diego Caucayo / Time
Parachute Bruce MacMaster, president of the AndiThe companies have been organizing since the law was passed and although he says he does not know what the specific impact will be, he assures that the most affected will be the businessmen of commerce, restaurants, some activities such as hospitals and call centers, among others.
In recent months, employers have criticized that the reduction in working hours was added to the changes contemplated by the labor reforms. However, it finally collapsed in Congress on the last day of the first legislature.
The project sought for the night shift to start at 7 pm and not at 9 pm, as is currently the case, or for a Sunday surcharge of 100 percent to be imposed instead of today’s 75 percent.
