WHAT ARE THE WORKER'S RIGHTS?

In Colombia or any other country, there are legal regulations for almost all situations that arise
every day; A particular case is the rules that must be applied in the workplace, since worker
rights are contained in different legal regulations that all companies must take into account to
comply with the law and avoid sanctions that compromise the company or its owners. In this
publication, we will talk to you about what the worker's rights are since there are both natural
and legal people who are unaware of them or perhaps do not understand the subject very well.

As labor lawyers in Bogotá, we will explain the importance of workers' rights, specifically in
Colombia. Initially, you should know that, according to the Political Constitution of Colombia, in
its article 25, "work is a right and a social obligation and enjoys, in all its modalities, the special
protection of the State. Every person has the right to a job in dignified and fair conditions".

On the other hand, article 39 of the same norm establishes that "Workers and employers have the
right to establish unions or associations, without intervention from the State. Their legal
recognition will occur with the simple description of the constitution document." In other words,
one of the rights highlighted in the Colombian Constitution is that of association through the
formation of a union that ensures the rights and benefits of employees vis-à-vis the company.

Worker rights

One of the fundamental rights that the State recognizes is the equality of people; Article 10 of the
Substantive Labor Code states that "All workers are equal before the law, they have the same
protection and guarantees, consequently, any type of distinction based on the intellectual or
material nature of the work, its form or remuneration, gender or sex except for the exceptions
established by law".

Other worker rights are:

• A decent job. As we already mentioned, the Constitution of Colombia specifies that all
people have the right to work under fair and dignified conditions that encourage good
work performance of workers in a pleasant work environment.
• Vacation. According to the employment contract signed by the employee, he or she will
have the right to take a paid break for each year of work that will serve as a rest period
and then resume work activities. Decree 1072 of 2015 specifies that "The time of
vacation must be indicated by the employer no later than within the following year and
they must be granted unofficially or at the request of the worker, without harming the
service and the effectiveness of the rest." This break of 15 consecutive business days
must be in accordance with the specific business rules of the employment contract;
Otherwise, the worker may be sanctioned by his employer.

• Leaves due to illness or medical disability. Taking into account the agreements
established in the employment contract, the company or employer will allow the worker
to take a few days off, either due to an illness or an accident. The situation must be
notified to the company and the worker must present a medical certificate that certifies
his condition, that is, the medical disability certificate is the document that serves to
formalize the absence from work due to health issues.

• Social benefits. One of the rights that by law belongs to workers is the additional
payment of social benefits. Through the recognition that the employer makes to its
employee, through additional payment to the salary, the mandatory social benefits
defined by law, while extralegal benefits must be agreed in the employment contract.
Social benefits are service premiums, severance pay, interest on severance pay and
vacations.

• Pension. Depending on the company's work modality and what is stated in the
employment contract, the employer must ensure that the worker's contributions are made,
so that when he reaches the regulatory age in Colombia, he receives his pension.
 • Salary adjustments. Companies must comply with mandatory increases in the minimum
wage. Annually, the Colombian government makes salary adjustments that every worker
in the country who earns up to two minimum wages must receive.

• Work contract. There are companies that make a verbal employment contract, while
there are other companies that make written employment contracts. As labor lawyers in
Bogotá, we recommend that you always try to have a written employment contract, since
the document will contain the rules and agreements reached with the employer.

• Benefits for pregnant women. Colombian law does not allow employees to be fired
from their jobs while they are pregnant, even during the first 18 weeks after the birth of
the baby. In this regard, article 239 of the Substantive Labor Code clarifies that "No
worker may be fired due to pregnancy or breastfeeding without prior authorization from
the Ministry of Labor supporting just cause." Furthermore, in article 237 of the same
Code, pregnant women have the right to a paid break during breastfeeding: "the employer
is obliged to grant the worker two breaks of thirty (30) minutes each, within the working
day. to breastfeed their child, without any deduction in salary for this concept, during the
first six (6) months of age."

Adapted from:

Jurídicos Laborales. (2018, Agosto 30). ¿CUÁLES SON LOS DERECHOS DEL TRABAJADOR?.
https://www.juridicoslaborales.com/blog/cuales-son-los-derechos-del-trabajador/