9th April 2020
MSI's Colombian law member Sanclemente Fernandez Abogados provides an overview of the measures issued by the Colombian government in connection with severance pay, granting of vacation time during the Covid-19 crisis and unpaid leaves of absence (Legislative Decree No. 488 of 2020 and Circular 27 of 2020 from the Ministry of Labor).
A. Legislative Decree No. 488 of 2020
By means of Legislative Decree No. 488 dated 27 March 2020, the Ministry of Labor authorized employers and workers to the take the following emergency actions, taking into account the significant reduction in income for workers and payment difficulties companies may face arising from the compulsory preventive isolation and the declaration of Ecological, Economic and Social Emergency.
B. Circular No. 27 of 2020 from the Ministry of Labor
The Ministry of Labor has stated under this circular that employers may not require their workers to request unpaid leaves of absence on occasion of the COVID-19 crisis. The Ministry has further stated that it will implement controls, even those of a police nature, in order to guarantee observance of this circular among employers.
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