Colombia: Summary of recent legislative amendments

In the past month, there have been several legislative developments related to labour and employment law matters, chief among them:

I. Ministry of Labour issues statement regarding the implementation of the biannual family day

In September 2019, the Ministry of Labour issued a Unified Concept, through which it clarifies doubts regarding the implementation of the obligations contained in Law 1857 of 2017, referring to the biannual family day; a workday which the worker is permitted to spend with his family. Broadly speaking, the concept determines the following:

• The alternatives that the employer has to fulfill the obligation.
• Prohibition for the employer to request proof of how the worker enjoyed the workday granted.
• Family members that can participate in the biannual family day.
• Management of the biannual family day regarding workers on vacation, leave or other circumstances.
• Work schedule complementation.
• Incompatibility with other paid extralegal rest benefits.

II. Regulation of the anticipated old-age pension for parents of a disabled child

On 19 September, the Ministry of Finance and Public Credit issued Decree 1719 of 2019, which regulates the granting, financing and suspension of the special old-age pension for parents of a disabled child. The new rule provides that, in order to access the old-age pension, the beneficiary must:

• Have a child whose disability is duly qualified.
• Prove that the disabled child is economically dependent on their father or mother.
• Have the minimum number of weeks required by the pension system to access an old-age pension.

Additionally, in order for the beneficiary to receive the old-age pension in the Mandatory Individual Account pension system, if the affiliate meets the above requirements, but does not have the necessary capital to finance a pension, the Pension Administrator will send the application for the recognition of said benefit to the Office of Pension Bonds of the Ministry of Finance and Public Credit, which may authorise the guarantee of the minimum old-age pension.

On the other hand, if the affiliate does not meet said requirements, but has enough capital to finance a pension, he may opt for a pension that gives back their savings.

Finally, the Decree regulates the suspension of the special pension, when the beneficiary of the benefit rejoins the workforce or the disability of the dependent child ceases.