On August 10, 2021, Law 2141 was issued, establishing the paternity protection against dismissal in Colombia.

The main characteristics and requirements for the application of this special protection are described below:

1. What is the paternity protection against dismissal? It prohibits a dismissal without cause of an employee whose wife, partner or permanent partner meets the following requirements: (i) being pregnant or within 18 weeks after childbirth; and (ii) not having a formal employment contract in force at the time of the employee's dismissal.

2. How is the special protection against dismissal activated? It is activated if an employee meets the following requirements:

• Notifying the employer of the pregnancy status of his wife, partner, or permanent partner. The notification may be made verbally or in writing.
• Make a statement to the employer (verbal or written), under oath, indicating that his wife, partner, or permanent partner is unemployed.
• Attach proof of the pregnancy status of his wife, partner, or permanent partner. For this purpose, the employee will have up to 1 month and medical certificates or a result of clinical laboratory tests will be valid.

3. Authorization required in case of dismissal with cause. To dismiss an employee whose wife, partner or permanent partner is pregnant and does not have a formal employment contract, authorization from the Ministry of Labor is required to prove that there is a justifiable cause for dismissal.

4. What happens in case an employee benefiting from this special protection is dismissed without prior authorization from the Ministry of Labor? The employee who is dismissed without the required authorization will be entitled to the payment of an indemnity equal to 60 days of salary, and will be entitled to the payment of salaries, social benefits, indemnities, and other labor accruals not received during the period in which the.