March 20th, 2020

The Ministry of Work sets a rigorous labor inspection through which strict inspection, surveillance and control measures will be adopted on decisions made by employers regarding employment contracts during the health emergency declared by the Ministry of Health through Resolution 385 of March 12, 2020 and the declaration of social, economic and ecological emergency declared by the President of the Republic through Decree 417 of 2020.
Decreto 385

The Ministry of Work recalls that work is a right and a social obligation and as such is subject in all its forms to the special protection of the State according to the provisions of article 25 of the Constitution. Likewise, the Ministry indicates that due to the Government's commitment, 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, as well as the suspension of the terms in all offices, said entity has not issued any authorization to carry out collective dismissals or to suspend employment contracts.

Accordingly, the Ministry clarifies that the existence or not of force majeure to suspend employment contracts is an exclusive faculty of the judge, who shall analyze the situation according to the case facts. 

Nonetheless, the employer shall assess the position duties of each employee and the possibility of their performance through the alternatives proposed in the Circular Letter No. 21 of 2020. Considering the above, the Ministry of Work calls upon all employers to continue being supportive with their employees and families, regardless their relationship (direct or as mission employees) during these difficult times.  For this purpose, employers may implement the following measures of work from home, telework, flexible working hours, annual, advance or collective vacation, and paid leaves. 

In conclusion, the Ministry of Work informs and warns that it has adopted a Rigorous Labor Inspection through which strict inspection, surveillance and control measures will be implemented on decisions made by employers regarding employment contracts during the health and the social, economic and ecological emergency. 

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