Author: Laura Valderrama
Regarding the recent filing of the Government of the labor reform project on August 23, 2023 before the House of Representatives that aims to modify the Substantive Labor Code, Law 50 of 1990, Law 789 of 2002 and other labor regulations regarding individual labor relations, job stability, labor income remuneration to the worker, labor formalization, apprenticeship contract, measures of violence and non-discrimination in the world of work, outsourcing and labor intermediation, equity measures and reduction of gender gaps , transition measures of economic and environmentally sustainable societies, trade union freedom and collective rights.
Regarding the broad content of the labor reform, we allow ourselves to relate its most key or relevant aspects, flexible modalities of remote work to be taken into account as follows:
Remote work modalities:
| Remote work modalities:
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It maintains the same figures of remote work modalities of home work, work at home, teleworking, remote work and makes a regulation proposal:
v Transnational work modality:Possibility for workers to work from another country, complying with the regular migratory situation and employer having an insurance covering health care benefits in case of accident or illness. The employer will be responsible for benefits that are not possible under the social security system. v Validity of connectivity assistance in teleworking:Already regulated in current regulations v Creation of compensation aid for internet connectivity and energy for other modalities of remote work
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| Promotion of remote workers | A transition to face-to-face work companies to other flexible remote work modalities is proposed
Promotion exemption for remote workers: Justification to the Ministry of the impossibility of implementing |
Labor protection automation of activities
| Labor protection automation of activities
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v Guarantees to workers after consulting the union organization
v Application of conversion right for six (6) months prior to the processes of automation or modernization of productive activity v Right to job relocation to the position or area of the company similar to the working conditions v Once the above has been exhausted, authorization must be requested from the Ministry of Labor for authorization of collective dismissals and if the payment of compensation to the worker is authorized. v Creation of unemployment coverage insurance due to automation or productive modernization
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Source:
- Project 166 of 2023C House of Representatives.
