The Colombian legislation introduced new developments in labor
issues submitted as of January, 2017.
Among these, the most relevant are:
Decree 2209 of 2016
By means of this Decree, the Colombian Government set the
minimum wage for 2017 at SEVEN HUNDRED THIRTY-SEVEN THOUSAND SEVEN
HUNDRED SEVENTEEEN PESOS ($737,717) per month.
Taking into account the above, the minimum integral salary for
2017 corresponds to NINE MILLION FIVE HUNDRED NINETY THOUSAND THREE
HUNDRED AND TWENTY-ONE PESOS ($9,590,321) monthly.
Decree 2210 of 2016
Through said decree, the Colombian Government fixed the monthly
transport subsidy at EIGHTY THREE THOUSAND ONE HUNDRED AND FORTY
PESOS ($83,140) per month.
This benefit is mandatory for all workers who earn less than two
(2) minimum monthly legal wages.
Law 1822 of 2017
With the issuance of said Law, new parameters applicable to
maternity leave were established:
Maternity leave is increased from 14
to 18 weeks.
The father may take maternity leave
in case of both the mother's illness or death.
The current general rule is for the
mother to begin the leave one week before the probable delivery
date instead of two weeks. It is no longer optional to begin
maternity leave two weeks before the probable delivery date. The
only exception to this rule is in cases of medical necessity.
The days granted by the employer
under the concept of domestic calamity will be deducted from both
the father´s and mother´s license.
Paternity leave also applies to the
children of the employee's spouse or permanent partner.
The Constitutional Court, through
decision T-638 of 2016, extended a protection to workers in the
private sector, so that labor contracts cannot be terminated
unilaterally without prior authorization of the Ministry of Labor
to those who are less than three years away from fulfilling the
requirements to benefit from old-age pension.
The Constitutional Court Plenary
issued a decision to protect employees who are fathers and whose
pregnant partners are economically dependent on them. This
protection states that it is prohibited to terminate their labor
contracts without prior authorization from the Ministry of Labor.
Such protection is valid throughout the gestation period and during
the 18 weeks of maternity leave.
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