New Labor Reform – Key aspects of changes in terms of reinforced labor stability and prevention of workplace bullying

Reinforced occupational job stability:It seeks protection for people with disabilities according to the international instrument of the Human Rights Convention and Law 1618 of 2013 that to date has no internal regulation of the Government todisabled people with physical, mental, intellectual or sensory deficiencieswithout to date there being routes of formalization of employment and inclusion that the Ministry of Labor owes since the promulgation of the norm. And in which it will be important to analyze a study of the labor market economic sectors that people with disabilities can activate work according to the trades possible to carry out attending to physical, mental, intellectual or sensory deficiencies do not generate incompatibility with the position, do not reduce business productivity and does not jeopardize the individual health condition of a subject of special protection by the State, however the legal alternative is the imposition of reinforced occupational stability charges on the Private Sector.

Pregnant woman:She seeks an extension up to six (6) months after the birth, maintaining the extension in favor of the spouse, partner or permanent partner if she does not have a formal job and is a beneficiary of the social health security system.

Pre-pensioned:Those who have three (3) years left or less to meet the minimum number of weeks of contribution orWhen I have the weeks the time to come of age(Current criteria does not apply job stability)

Requirements effects of dismissal:Prerequisitejudicial authorization (union) eitheradministrative (other jurisdictions invoked)for termination of the contract with just cause or the objective causes of article 61 of the CST

Exceptions of non prior authorization of dismissal:In the events of workers with disabilities and pregnant women who were linked knowing said condition and if said condition was consigned in the employment contract, authorization is not required for termination with just cause.

v  It establishes the powers of subordination and its limits without establishing discrimination based on sex, ethnicity, national origin, disability, family condition, age, economic conditions, supervening health conditions, religious political preferences, unionization.

v  No discrimination against women in their diversity, direct actions or omissions that impede the guarantees of labor rights

v  Prohibition of racism and xenophobia, politics, religion, sexual orientation, identity or expression of non-binary gender and various sexualities, on the occasion of their identity names, their gender identification is related to or influences the work exercise.

v  Demand from the pregnant worker tasks that require physical efforts that could lead to abortion or impede the development of the fetus- obligation of the employer to guarantee permanence and relocation in a job according to their status

v  Dismissal of female workers victims of gender-based violence due to associated causes.

v  Configuration of workplace bullying for one time or repetitively unacceptable behaviors and practices

v  Add the possibility of harassing violence in public or private spaces, domestic space, communications through information technologies or any other place where work obligations are extended.

v  Add passive subjects of labor harassment third parties, clients, suppliers, relatives or acquaintances

v  It establishes prevention and attention actions with protocols of the coexistence committees and other necessary tools for recognition of gender-based violence.

v  Guarantee in these processes of workplace harassment measures of reparation and non-repetition

v  The Ministry of Labor will have a term of one year from the entry into force of the norm to regulate protocols, committees, tools and mechanisms necessary for the eradication of violence and non-discrimination.