Through Circular Letter 33, the Ministry of Work adopts the following employment protection measures in addition to the alternatives set in Circular Letter 21:
1. Compensable paid leave
Considering that Colombian labor legislation allows employers to grant paid leaves when desired, employer and employee may agree on the implementation of a compensation system that allows employees to enjoy their rest during the leave’s term, requiring them to subsequently work additional working hours to those initially agreed. This system seeks to compensate the time granted to employees by means of this paid leave.
2. Modification of working hours and salary agreement
Due to the health emergency derived from COVID-19 and the measures adopted by the National Government, employee and employer may agree to modify working conditions, including working hours, according to the needs of the service.
Since it is an occasional, temporary and exceptional situation with direct impact on the national economy, employer and employee may agree, exclusively during the health emergency and in writing, on the modification of working conditions, including wages, working hours, duties and assigned workload. This measure seeks to guarantee stability in employment.
The Ministry of Work concludes that, pursuant to Article 50 of the Labor Code, employers, employees and trade unions may agree to reduce the salary, provided that the minimum monthly wage is guaranteed as well as all labor rights arising from it.
Likewise, the Ministry recalls that employees cannot waive any of their labor rights, including fringe benefits, footwear and dress endowment, overtime surcharges and paid rest (vacation and rest for work during Sundays and holidays).
3. Modification or suspension of extralegal benefits
Employer and employee may agree to suspend or modify agreed extralegal benefits.
4. Agreement on benefits set forth in collective bargaining agreements or collective accords
Due to the health emergency derived from COVID-19 and its economic impact on the labor field, trade unions or non-unionized employees and employers may agree on alternatives that facilitate the economic crisis’ management and the protection of employment.
These agreements must comply with the following conditions:
- Cannot affect legal rights
- Must guarantee free will
- Can be implemented through “additional/extra agreements” to collective bargaining agreements or collective accords
- Must respect the parties’ freedom of choice
- Apply during the health emergency or during the time in which the taken measures directly impact the regular course of economy on labor aspects, as agreed by the parties
- Cannot affect the timely payment of wages, regardless of whether the employee is providing services through telework or is working from home
- Cannot eliminate arrangements of collective bargaining agreements