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The employment and labor law in Colombia is governed by the Colombian Constitution, where the key principles and rights for the workers are set. These laws are detailed in the Substantive Labor Code (Código Sustantivo del Trabajo). This law stipulates essential guidelines about different contractual arrangements, working hours, severance pay, protections for pregnant women and minors, and much more.
Several situations might necessitate the services of a lawyer with expertise in Colombian employment and labor law. These may include drafting employment contracts, handling dismissals and resignations, negotiating collective bargaining agreements, addressing workplace harassment/discrimination issues, navigating workers' compensation and social security matters, and dealing with labor disputes or lawsuits. Knowledgeable legal counsel can protect your interests, help you better understand your rights and obligations, and guide you through the complexities of Colombian labor law.
Colombian labor law enforces certain characteristics related to contracts, working conditions, and social benefits. Employment contracts can be written or verbal, although a written contract is best to ensure both parties are clear on their obligations. Full-time employees work a maximum of 48 hours per week. Overtime pay is applicable after this limit and on Sundays and holidays. Colombian law also provides for annual leave, sick leave, maternity leave, and paternity leave.
Furthermore, Colombian workers are entitled to a monthly minimum wage, stipulated each year by the government. Employees, employers, and independent contractors must also contribute to healthcare and pension funds.
No, while recommended, a written contract is not mandatory under Colombian law. However, having one helps clarify the terms and conditions of the relationship and can prevent possible misunderstandings or legal disputes.
Full-time employment usually consists of a maximum of 48 hours per week, spread over six days. Any time worked beyond this is subject to overtime rates.
Employers must provide workers with severance pay, a thirteenth salary (bonus), healthcare, pension contributions, and occupational hazard insurance.
Pregnant or breastfeeding women cannot be dismissed without just cause and authorization from the Labor Inspector. They are also entitled to 18 weeks of paid maternity leave.
Disputes usually go through the Ministry of Labor's administrative procedures first. If a satisfactory resolution is not achieved, it may be necessary to file a lawsuit before a labor court.
You may find more information at the Ministry of Labor's website or through trade unions. Moreover, different legal firms and lawyers specializing in Colombian labor law can provide advice tailored to your specific situation.
If you need legal assistance concerning employment and labor laws in Colombia, your best course of action would be to consult with a lawyer specializing in this field. They can help you understand your rights, advise you on your best course of action, and guide you through any necessary legal procedures.
