The first phase of the reduction of the working day in the country has entered into force, meaning that workers must work 47 hours a week without reducing their wages and without prejudice to the rights and guarantees they have acquired.
In accordance with Law 2101 of 2021 amending the length of the working day, this process will be gradual, over a period of four years, up to 42 hours per week.
Such that on July 15, 2024 it drops to 46 hours a week, on July 15, 2025 to 44 hours a week and from July 15, 2026 the working day is finally arranged at 42 hours a week.
An analysis by the Gran Colombiano Polytechnic indicates that employees’ salary, calculation of social benefits, or social security contributions are not affected; since there will be no reduction in the reduction of the benefit burden, nor in the ordinary value of the hour of work, and in a sense the employers will continue to fulfill their corresponding obligations in favor of the employees.
The work schedule can be redistributed between 5 and 6 days by mutual agreement between the employee and the employer, but a rest day must always be guaranteed. In addition, the employer may not schedule two shifts on the same day, with the exception of those of managerial, confidential and managerial staff.
Companies that decide to make use of this new law can now make the change within 42 hours. But for companies that have high costs in their benefit burden, the government has determined that they can implement the reduction in stages until 2026.
This law also indicates that exceptions apply to special jobs and employment of young people. All those young people between the ages of 15 and 17 who are allowed to work may work a maximum of six hours a day and thirty hours a week until six in the afternoon. While people over 17 are allowed to work a maximum of 8 hours a day and 40 hours a week until 8:00 am.
In turn, Santiago Martínez, partner of the employment law firm Godoy Córdoba, explains that with the passage of Law 2101, the employer was exempted from complying with the semi-annual schedule of Family Day (once the working day is reduced to 42 hours), as well as the two hours devoted to recreational, cultural, sporting or training activities as referred to in Article 21 of Law 50 of 1990, will be reduced proportionally and gradually.
It points out that the law has not changed the provision on the organization of successive shifts, for days of 6 hours a day and 36 hours a week, without room for night allowances or for Sunday or holiday work.
For its part, the flexible working day is maintained by mutual agreement between the employee and the employer, divided over a maximum of 6 days per week, with an obligatory rest day, with a minimum of 4 uninterrupted working hours and a maximum of up to 9 hours per day, without No allowance for additional work, as long as the average working hours do not exceed 42 hours per week, with a day of rest guaranteed, possibly Sunday.
In accordance with additional work or overtime, the law does not change the daily and weekly limit maintained at 2 hours per day and 12 hours per week, as well as the request to be made to the Department of Labor for said entity to authorize the extra work. .
Source: El heraldo
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