On Saturday 15 July 2023, Law 2101 of 2021 came into force. This will allow the reduction of the working week in Colombia from 48 to 42 hours per week gradually from 2023 to 2026.
Characteristics of reduced working time
-Workers’ salaries will not be affected, despite the reduction in hours.
-In the case of the private sector, the reduction of working hours can be done through collective agreements or collective bargaining agreements.
-A rest day must be guaranteed in the working day, thus distributing the hours between 5 and 6 days a week.
-The daily hours can be distributed between 4 continuous hours (minimum) and 9 hours (maximum).
-Two shifts may not be carried out on the same day, nor with the worker’s consent, except in management and trust tasks.
If an organization does not implement the reduction of working hours…
If the reduction of working time is not implemented, indirect dismissal may occur within an organization. Workers can resign only for reasons attributed to the employer.
Most common reasons for indirect dismissal:
-Non-payment of wages or social benefits.
-Worsening of the worker’s working conditions.
-Failure to comply with the organisation’s legal obligations to the employee.
-Failure to comply with reduced working hours.
In addition, the new labour law will provide for sanctions if the organization does not implement the reduction of working hours. In addition, there is a risk of indirect dismissal, and the organization will be obliged to pay compensation to the worker.
In case of an indirect dismissal of a permanent employee, the organization must pay his/her seniority pay:
-A worker with a salary of less than 10 legal monthly minimum wages:
- 30 days’ wages if the worker has been employed for less than one year.
- 30 days + 20 additional days of salary for each year after the first year and proportionally for each fraction.
-A worker with a salary equal to or higher than 10 legal monthly minimum wages:
- 20 days’ wages if the worker has been employed for less than one year.
- 20 days + 15 additional days of salary for each year after the first year and proportionally for each fraction.
Recommendations to avoid indirect dismissal with the new working time:
–Update the internal working regulations with the new working hours.
–Share and publish in a visible place the updated internal working rules.
-Cite workers to share the new internal work regulations.
–Workers sign an attendance register with the new internal work rules.
If you would like more information, please do not hesitate to contact us!