The labor reform of the Gustavo Petro government took another step in the legislative. The portfolio learned of the text of the presentation for the first debate, which retained key elements of the original project such as working hours, with changes to issues such as contracts, Sundays and stage regulation.
(The paper on labor reforms will be filed between May 15 and 19).
The presentation maintains some of the fundamental points of Gustavo Petro’s government initiatives, such as that the working day consists of a maximum of 42 hours a week, and that the daily shift is from 6:00 a.m. to 6:00 p.m., and Night shift 6:00 PM to 6:00 AM next day.
However, it also specifies some exclusions, such as in cases of special hours provided for in Law 1920 of 2018, which covers private surveillance and security operations personnel, and in regulatory decrees.
One of the contentious issues of the project is the change in Sunday pay, which will go from 75% to 100%., Although the paper maintains this point, it was established that this would be temporary, and would increase between 2024 and 2026.
Probably the biggest change will come in Article 24 of the paper, which covers an exclusive contract for workers on distribution or distribution platforms.
(Petro Controversy Analysis on Impact of Labor Reforms).
“Digital technology delivery platforms have an employment contract when workers work for them to deliver or carry out delivery tasks, as a result of which they are subject to all individual and collective guarantees, rights and benefits of the Basic Labor Code and other labor standards Are. indicates text.
Furthermore, it establishes that facts such as whether the worker has the power to decide the effective connection time are characteristics of the contract on the digital distribution or distribution platform; The employee can contract with various platforms; Freedom of pay fixation is also indicated “in the sense that it may continue to be agreed upon per unit of time, per task, delivery or whatever has been determined by conventional methods”.
At this point the freedom to determine the working day is also established.
In paragraph 5 of the original text, which becomes paragraph 6 of the presentation, for example, the terms of fixed-term contracts were modified. Despite the fact that the government proposed in the project filed that they could be held for two years, the paper extends this period to three years.
(The labor reform will eliminate 450,000 formal jobs).
In addition, the presentation also adjusts the amount of compensation for unfair dismissal, and establishes different amounts depending on the employee’s seniority in the company. it can be up to “60 additional days’ pay to the original 45 days” By “each of the years of service following the first, and varying proportionately”. This is for employees with more than 10 years of seniority.
With regard to the limitations of contracts for the provision of services, a subtle change in wording was made, and the term permanent was abolished to refer to activities that could not enforce this type of contract.
