Companies to Implement SG-SST Standards by November 2019
New Regulation or Official Guidance
Author: Emma Fernández Díaz, Attorney at Law – Littler Colombia
The Ministry of Labor issued a new Resolution 0312, dated February 13, 2019, which defined the minimum standards to be implemented by employers in relation to the Occupational Safety and Health Management System (SG-SST). Employers must implement these standards in accordance with the number of employees, work, and business or economic activity. The Resolution also changes the dates for the implementation of the system in stages, as follows: monitoring and improvement plan (deadline: January-October 2019); and surveillance and control (commences in November 2019).
Maternity Leave and Pregnancy-Related Protection for Father in Case of Mother’s Death
New Regulation or Official Guidance
Author: Emma Fernández Díaz, Attorney at Law – Littler Colombia
In response to a legal consultation, the Ministry of Labor established that in the case of the death of the mother before the expiration of maternity leave, the employed father of the child should be entitled to take leave of a duration equal to the unexpired portion of the maternity leave and have the same pregnancy-related protection.
All Companies Must Contribute to Social Security System for Their Independent Contractors
Upcoming Deadline for Legal Compliance
Author: Emma Fernández Díaz, Attorney at Law – Littler Colombia
On July 23, 2018, the Ministry of Health and Service Provision issued Decree 1273, which mandates that all companies must contribute to the Social Security, Health and Pension system for their independent contractors. Prior to this decree, this obligation fell on contractors who were responsible to make such contributions. Decree 1273 will become effective in June 2019, though the Ministry may enact a new decree to postpone the effective date of this new obligation.
Deadline to Implement Nursery Rooms in the Workplace
Upcoming Deadline for Legal Compliance
Author: Emma Fernández Díaz, Attorney at Law – Littler Colombia
Pursuant to Act 1827, enacted in 2017, and Regulation 2423, issued by the Ministry of Health and Service Provision, companies with more than 1,000 employees must comply with the first phase of the implementation of nursery rooms by January 2019. Significantly, the local health department will inspect workplaces to determine compliance, not for penalizing companies, but to provide support and guidance. The objective of the Ministry of Health and Service Provision is to increase by 50% the availability of nursery rooms in the workplace.
