Colombia’s government has made a groundbreaking move to reduce the work week for all workers, private and public, from 48 to 42 hours per week, bringing them in line with the standards of the Organization for Economic Cooperation and Development (OECD).
The new law, known as Law 2101 of 2021, was met with jubilation among Colombian workers, many of whom have been struggling with long hours and low wages. With the new law, their daily hours have been reduced from 8 to 7, while the weekly hours have been lowered from 48 to 47 in the first stage and eventually to 42 hours. This will also bring more financial stability to many of Colombia’s workers as they will no longer be required to work overtime and will no longer need to cover for absent colleagues.
The government has warned companies that if they do not comply with the new legislation, they could face sanctions. Employers in the private sector are able to negotiate with their employees’ unions and make changes to the working hours to ensure that the new law is respected. There are some exceptions, however, such as when employment contracts contain work shifts that do not exceed six hours a day and 36 hours a week.
On top of this, employers are prohibited from reducing their workers’ salaries in line with the reduced working hours, according to Article 4 of the 2021 law. Independent workers are not exempt either; Article 18 of Law 1122 of 2007 states that they are liable to a 40% contributions to the Social Security System, of the value of their monthly earnings.
For workers who feel that their employers are in violation of the law, they still have the option of filing an indirect dismissal. This means that they may be able to resign unilaterally if their employer is found to be in violation of the legislation. In such a case, they could also be entitled to receive compensation.
The new legislation is a boon for workers who have had to put up with long hours and may now be afforded the rest and financial stability that comes with a shorter work week. It is an important step forward for Colombia’s working population and could set the precedent for other nations in the region when it comes to the treatment of employees.