Colombia: Employers cannot Require Employees or Applicants to Tender COVID-19 Test Results

The Ministry of Labour issued Circular No. 0022 on 8 March 2021, releasing some recommendations and instructions about the COVID-19 tests that the employer may require for hiring or for the continuation of the employment contract.

Through Circular No. 0022, the Ministry of Labour instructed the following guidelines:

• At the beginning of an employment relationship, the employer cannot require an applicant to present results of the COVID-19 test.
• A medical test or examination cannot be considered a requirement for hiring or keeping a job.
• Under his responsibility and cost, the employer may refer the worker to the appropriate personnel to carry out the COVID-19 test, excluding the test’s result as a determining factor to finish the contract.
• The employer must implement biosafety actions, mechanisms, and protocols for protecting its workers, guaranteeing the development of work activities in safe conditions, mitigating the spread of COVID-19.

For additional information on any matter related to labor issues in Colombia, please contact Alejandro Castellanos (Partner) of López & Asociados at alejandro.castellanos@lopezasociados.net or visit www.lopezasociados.net

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.