Developments in Labor Law
In the last months, some labor regulations were issued. They may be of interest to you.
Below, a summary of the recent legislative developments.
1. Who acknowledges the incapacities above 540 days?
- Decree 1333 of 2018 provided that the Health Promotion Agencies (EPSs) must recognize incapacities that exceed 540 days, provided the following aspects:
– There is a favorable medical rehabilitation concept.
– The worker has had recovery after following treatment, protocols and medical recommendations.
– The existence of concomitant diseases.
- Otherwise, the affiliate will go to the definitive qualification to obtain his incapacity pension
- Additionally, the decree established that there should be a periodic review of incapacities due to common disease and evaluate the recovery progress every 60 days.
2. Contributions to the Social Security System of Independent Workers (SGSSI)
- Decree 1273 of 2018 if contributions to the SGSSI by independent workers must be made in arrears.
- In the case of contracts for the provision of personal services related to the functions of the contracting entity, the contractor is obliged to make the withholding and payment of the contributions to the SGSSI through the Contribution Settlement Worksheet (“PILA, in Spanish”) of independent workers.
3. Law of “Tips” – Law 1935 of August 3rd, 2018
- Defines “Tips” as the voluntary recognition of money by the consumer and in favor of people who are part of the chain of services of commercial establishments.
- Tips are not salaries, so they should not be considered when making contributions to the General Social Security System, nor for the calculation of social benefits or other work credits linked to salary.
- The Superintendence of Industry and Commerce will be the entity responsible of informing consumers about the prices and the voluntary nature of the tip.
- The Superintendence of Industry and Commerce is empowered to monitor the information related to the consumer’s information on the voluntary nature of tips and its effective destination by commercial establishments.
4. Law of the Security Guards – Law 1920 of July 12, 2018
- The law modified the working hours of workers who provide surveillance and security services. Can they work 12 hours? Are they entitled to surcharges?
- The law created the obligation to contract a collective insurance annually that covers operating personnel of this type of companies and organizations.
- The law regulated essential aspects of the psychophysical examination to be carried out by any service provider (IPS).
- Creates incentives for hiring people over 45, women and people with disabilities in the bidding process.