Law 2039 of 2020
Promote the labor and productive integration of young people.
Equivalence of experiences
In order to establish educational and work incentives for undergraduate and postgraduate higher education students, technical, technological, and university education, education for work and human development, comprehensive professional training from SENA, institutions of higher education, as well as the entire offer training by competencies, as from July 27, 2020, internships, judicatures, monitoring, employment agreements, service agreements and participation in research groups duly certified by the competent authority, will be creditable as valid professional experience, as long as its content is directly related to the academic program followed by the student.
In the case of research groups, the competent authority to issue the corresponding certificate will be the Ministry of Science, Technology, and Innovation as well as the public and private entities belonging to the National System of Science, Technology, and Innovation - SNCTeI. In the case of applied research of SENA's comprehensive professional training, the certificate will be issued by this institution.
The Administrative Department of the Public Function and the Ministry of Work will regulate, each one within the framework of their competences, in a term of 12 months as from July 27, 2020, to establish a table of equivalences that allows converting such experiences prior to obtaining the undergraduate degree in valid professional experience.
In any case, the value assigned to the previous experience will be less than the experience after obtaining the respective degree. In the case of the Public Service sector, the equivalences must be articulated with Decree 1083 of 2015, or whichever takes its place.
The previous experience will only be valid once the academic program has been completed, although the respective degree has not been obtained.
In public merit contests, the experience prior to obtaining the professional degree must be considered. In the assessment of the professional experience required for public employment, the experience acquired in the development and exercise of professions in the same area of knowledge of public employment will be taken into account as prior experience for the purposes of this law.
In the next 6 months, the Ministry of Work will regulate a digital labor file scheme that makes it easier for workers in general, but especially for young workers in particular, the mobility in jobs, in such a way that it contains, among others, the Digital academic and labor certifications established in this Law.
Incentives for young agricultural, fishing, and Afro-descendant producers
At least 10% of all the incentives and direct supports that are established by the Ministry of Agriculture or the National Agricultural Commission, will be submitted to the projects developed and to be executed by young entrepreneurs, agricultural, fishing and Afro-descendant producers, among the applicants to the programs that are formulated or the projects that are designed.
In the next 6 months, the Government must regulate this provision.
Finally, a National Youth Observatory will be created.
Law 2043 of 2020
Establish regulatory mechanisms to facilitate access to the workplace, for those who have recently completed an educational process, or vocational training or technical, technological or university education, by recognizing as mandatory professional and / or related experience those internships that they have been carried out in the public and / or private sector as an option to acquire the corresponding professional degree.
For the purposes of this Law, labor internship is understood as all those training activities carried out by a student of any undergraduate program in the modalities of professional, technological or professional technical education, in which he/she applies and develops the attitudes, skills and competences necessary to perform in the work environment on matters related to the academic program or study plan that he/she is studying and that serves as an option to complete the educational process and obtain a degree that will allow him/her to work.
For the purposes of this law, the following shall be considered as labor internships:
- Labor internship in a strict sense
- Apprenticeship contracts
- Service teaching relationship in the health sector
- The others that meet the characteristics contemplated in the definition
Public entities, progressively and according to the principle of fiscal sustainability, may include within their operating expenses an expense that will have the purpose of recognizing a monthly transport and food allowance for students who carry out their professional, technological, technical or any of the professional education modalities and other forms of productive stage established by SENA, in each of the entities.
In any case, the corresponding allowance may not exceed of one minimum monthly legal wage (mmlw) and its payment must be supported based on the effective fulfillment of the obligations imposed in the labor internship, certified by the assigned supervisor. Unless otherwise agreed by the parties, this allowance will not constitute salary.
The payment of the transport and food allowance does not exclude the employer from the responsibility of affiliating the student to the occupational risks system and acquiring an insurance policy as legally requested according to the sector.
Public entities at the national, departmental, and territorial levels must annually make at least one call for students to carry out their labor internships, which must be duly disclosed through the different media of each entity.
From the definition of the terms of the call and during the selection process of interns, public entities must establish mechanisms that prioritize the involvement of women who meet the other requirements of the call. Similarly, public entities should promote the hiring of disabled people as interns.
The time that the student carries out as internship must be certified by the beneficiary entity and in any case will be added to the professional experience of the intern.
In the next 3 months, the Government must regulate this Law.