In order to know the latest updates in labor law, the following are the novelties left by the year 2023, and which should be taken into account for the year 2024:
– Minimum wage for the year 2024: The Colombian Government announced the setting of the new legal monthly minimum wage for the year 2024. According to Decree 2292 of 2023, as of January 1 of the current year, the minimum wage will be ONE MILLION THREE HUNDRED THOUSAND PESOS ($1,300,000), with an increase of 12%. Likewise, the value of the transportation allowance will increase to ONE HUNDRED SIXTY TWO THOUSAND PESOS ($162,000).
– Reduction of the working day: By means of Law 2101 of 2021, it was established the reduction of the working day from 48 to 42 hours per week. As of July 15, 2023 the workday was reduced to 47 hours per week. Likewise, as of July 15, 2024, the workday must be reduced to 46 hours per week.
– Extension of paid leave for breastfeeding: With the issuance of Law 2306 of 2023, the objective is to promote the protection of maternity and early childhood. Thus, although the law contemplates other provisions aimed at the creation of breastfeeding areas in public spaces and develops the mother’s right to breastfeed in public, one of the most important articles is Article 6, which modifies the breastfeeding break established in Article 238 of the Substantive Labor Code.
In this sense, in addition to the two (2) 30-minute daily breaks to which the breastfeeding worker is entitled during the first six (6) months of age of her child, the obligation of employers to recognize a 30-minute daily break for the breastfeeding of children between six (6) months and up to two (2) years of age is extended.
– Right to disconnection from work for workers in positions of trust and management: By means of judgment C-331 of 2023, the Constitutional Court ensured that workers in positions of trust and management have the right to disconnection from work, which implies an autonomous and free space for rest. According to the Constitutional Court, regardless of the type of contract or type of employment, it is important that workers are guaranteed the effective enjoyment of time off or rest, leaves, leaves and/or vacations, in order to allow the reconciliation of personal, family and work life.
– Updating of authorizations to work overtime: Resolution 3031 of August 30, 2023 establishes that employers who have authorizations to work overtime that do not have a specific term of validity, must update such authorizations within a maximum term of six (6) months before the Territorial Directorate of the Ministry of Labor. In other words, there is a maximum term until February 29, 2024 to comply with this obligation.
