Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
Preview Page
Chapter 11
Labor and Social Legislation
The provisions of the Political Constitution, various International treaties
and the Substantive Labor Code frame labor dispositions in Colombia.
As per disposition of the Political Constitution, the right to work is
fundamental for all citizens and must therefore be guaranteed by the State.
Additionally, the Constitution consecrates the right of association through
labor unions, which covers both employees and employers.
Such dispositions adjust to those of international treaties to which
Colombia is party such as The Declaration of Human Rights, the
International Agreement on Economic, Social and Cultural Rights, the
International Agreement on Civil and Political Rights and the American
Convention on Human Rights.
Labor law is divided in two main components: individual labor laws for
regulation of the relationships between employees and employers, and
collective labor laws that rule the relationships between the employer and
associations of employees (union or not).
Colombia, as most Latin American countries, has a tradition of strong
protection of labor. However, since 1990, the legislator has tried several
times to add flexibility to current laws without impairment of the
fundamental rights of employees. The outcome is a labor regime amicable
for investors.
I. DEFINITIONS
An employee or worker is defined as the person who provides a
personal service to a natural person or legal entity. An employer is the
person who orders the service and pays the salary. This person may be an
individual or a legal person or a company. In this context, a company is a
unit of economic exploitation, or a group of units, which depend
economically on the same legal or natural person, provided it has employees
at its service.
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
About the Contributors:
Natalia Tobón-Franco is a Lawyer from Universidad de los Andes
(Bogota, Colombia) with an L.L.M. in Intellectual Property Law from
Franklin Pierce Law Center (New Hampshire, U.S.A.); a Professor and
Author of several books and articles on Copyright Law, Freedom of Speech
and Entertainment Law; and an Associate Attorney at Cavelier Abogados.
Eduardo Varela-Pezzano is a Lawyer and Specialist in Intellectual
Property Law from Universidad del Rosario (Bogota, Colombia); an
Intellectual Property Law Professor at Universidad del Rosario; an Author
of several books and articles on Freedom of Speech, Patent, Trademark,
Copyright and Entertainment Law; and an Associate Attorney at Cavelier
Abogados.
