Modificación al mecanismo de protección al cesante

On June 30th it was issued Law 2225 of 2022 (the “Law”). This Law established economic benefits for the unemployed. 

This Law stablished benefits for employees (whose employment contract has terminated) and for self-employed that have no income. 

Former employees and self-employed can be part of the Unemployed Protection Mechanism. To be able to participate in the Unemployed Protection Mechanism, the corresponding request should be presented before the Family Compensation Fund. 

The unemployed that comply with the requisites to be part of the Unemployed Protection Mechanism, will be entitled to receive the following benefits: 

  • Payment of the quotations to the Social Security System in Health and Pension based on one minimum monthly legal wage (COP$1.000.000).  
  • Certain self- employed and former employees will receive a payment of 1.5 minimum monthly legal wages (COP$1.500.000).  

Not all self-employed and former employees will receive these economic benefits. 

The Law establishes that the spouse or the permanent partner of a person that lacks from employment and takes care of a disabled person will be entitled to receive a subsidy from the Family Subsidy System. 
Employees that have been affiliated to the Family Subsidy System for 25 years or more, will be affiliated as a retired employee once he/she receives a pension. 
The Law establishes that the job management and placement services are understood as all those activities: 1) that enables the connection between the employment supply and demand; 2) that improve employability conditions; and 3) that will eliminate the barriers that limit the access to a job. 

All employers have the obligation to report to the Providers of the Public Employment System the candidates that executed an employment contract and the reason for not hiring the rest of the candidates. Employers have six months, as from the date in which the Provider referred the candidate, to comply with this obligation. 

The Providers of the Public Employment System will promote work in rural areas and municipalities with high unemployment rates. 
The employer, if deem necessary, can request for assessment regarding the creation of job vacancies.
The Providers of the Public Employment System must present before the Ministry of Labor an annual report of the services offered.
The certifications setting that a person has complied with the requirements to obtain a title must be considered by the potential employers. 
Low-income people can benefit of an insurance that will cover the risks of disability and death. 

For more information contact our team
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