March 30th, 2020
MINISTERIO DE TRABAJO

The Ministry of Work enacts a concept (08SE20207417001000008676) clarifying that it has no power to determine whether force majeure exists to suspend employment contracts during the emergency derived from Covid-19. 

Through this concept, the Ministry of Work recalls the Circular Letter No. 21 of March 17, 2020, whereby measures are adopted to protect employment and the economic activity, considering that it is a temporary phenomenon and that work is a right and a social obligation that shall be specially protected by the State.

Likewise, the Ministry of Work mentions Circular No. 22, through which it recalls the call made by the International Labor Organization (ILO) to all governments worldwide to protect employees, stimulate the economy and employment, and sustain jobs and income during the crisis derived from Covid-19. In this Circular Letter, the Ministry clarifies that the existence of force majeure to suspend employment contracts is an exclusive faculty of the judge, who shall analyze the situation according to the case facts.  

Taking this into account, the Ministry of Work concludes that it has no power to define the existence or not of force majeure, as this implies a particular assessment of the conditions of the company, the development of its corporate purpose and the impact of Covid- 19, assessments that are within the exclusive competence of judges in accordance with Article 486 of the Labor Code.

However, by virtue of the instructions given by the Minister of Work through the Inspection, Surveillance, Control and Territorial Management Directorate, Labor Inspections will continue to implement the preventive function in order to protect employees´ employment and income.

Consequently, the Ministry of Work overrules the concept issued on this matter by the Territorial Directorate of Caldas (08SI2020120300000005953).
 

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