NEWS
Boletin Staatsangehörigkeit 2014
May 2, 2022Colombia Holding Companies
June 10, 2022
ith the issuance of Law 2191 of January 6th, 2022, which governs the right to disconnect in Colombia, any natural or legal entity of a public or private nature, must establish a labor disconnection policy through an internal regulation, which must comply with the following aspects:
- The way in which the right is guaranteed and exercised, including the guidelines regarding the use of information and communication technologies (ICT).
2. Establish a procedure that contains:
2.1. The mechanisms and means for the Company's workers to file claims against the infringement of the right, either on their own behalf or anonymously;
2.2. The processing of the filed claims, guaranteeing due process as a constitutional right; and
2.3. The mechanisms for dispute resolution and verification of compliance with the executed agreements, and ceasing of the conduct.
Companies must guarantee their workers, regardless of whether their labor relations originate from the different forms of labor contracting and/or the execution of labor contracts, the right to disconnect from work, which begins once the working day has ended. The exercise of the same will respond to the nature of the position.
Likewise, they are guaranteed that they can effectively and fully enjoy rest time, licenses, permits and vacations, as well as their personal and family life.
The law exempts its application to:
1. Workers who hold direction, trust and management positions;
2. Those who, due to the nature of the activity or function they perform, must have permanent availability; and
3. Events of force majeure or acts of God, in which it is required to fulfill special duties of collaboration with the Company, when they are necessary for the continuity of the service or to solve difficult or urgent situations in the operation, always provided that the non-existence of another viable alternative is justified.
Should you require further information or counsel in regard of the right to disconnect, please do not hesitate to contact us back with your queries.
