Colombia: Summary of recent labour and workplace related issues
Throughout the month of July, two main modifications regarding labour law and workplace related issues have taken place:
- Criteria for authorizing the termination of employment contracts.
The Ministry of Labour’s institutional guidelines for the termination of the employment relationship of workers with disabilities, or manifest weaknesses for health reasons, have been established through Internal Bulletin 049 issued by said office. Therefore, labour inspectors should review compliance with certain requirements, which vary depending on the following circumstances:
| Circumstances | Requirements to grant authorization |
| When the employer requests the dismissal of the employee and states that there is termination for cause. | Determine if the employer guaranteed due process. |
| When the employer requests the termination of the contract and states that there is an objective cause. | Verify the existence of the objective cause and have the medical discharge of the rehabilitation process. |
| When the worker’s disability or health situation is incompatible and insurmountable with the job. | Attest that the stages of rehabilitation, reinstatement, readjustment and / or job relocation have been exhausted. |
If the requirements listed above are not met, the labour inspector must deny the authorisation to terminate the employment contract.
- Instruments for the evaluation of psychosocial risk factors.
The Labour Ministry has issued Resolution 2404, by which instruments for the evaluation of psychosocial risk factors are adopted. The resolution is applicable to public and private workers, contractors, temporary workers, apprentices as well as other non-labour relations. Therefore, they must periodically carry out the evaluation of psychosocial risk factors through the instruments instructed in the norm, namely, three questionnaires and a general data sheet. Additionally, the resolution includes three guidelines for psychosocial analysis which should be used to assess risk factors at the workplace. Lastly, Resolution 2404 provides a series of protocols to be followed by companies in order to develop activities for intervention and control of psychosocial risk factors. The evaluation instruments previously mentioned can be found on the website: www.fondoriesgoslaborales.gov.co
