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What does Colombian law say about workers who receive daily wages? Employment | Economy

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What does Colombian law say about workers who receive daily wages? Employment | Economy

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In the labor market there are Different types of contracts They can be classified according to the working conditions. One such agreement is for people who do temporary work or are paid on a daily basis.

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A temporary, accidental or transitional employment contract is for a short period of time (no more than one month) and the activities specified in the contract are different from the usual tasks of the company. This form of contract can be formal or in written form.

considering For the rolling quarters from November 2023 to January 2024, Of the national total, 84.3% of the employed population works in microenterprises. It is important to understand the current regulations and how the law protects collaborators in these cases.

Are you entitled to severance pay?

Yes, people who work daily and receive a salary can receive severance pay, even if they have a temporary employment contract. Colombian labor legislation protects all workers. Regardless of the contract type.

Jimmy Jiménez, a lawyer specializing in family law, said that in these cases, the provisions of the Entity Labor Code (CST) and Law No. 50 of 1990 (amending the CST) and Law No. 789 of 2002 apply.

Employment

Employment

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Workers’ Rights

Experts point out that while Colombian law does not provide a specific definition of daily work, it does recognize different types of contracts. This type of work is understood to be work that is paid for at the end of each day.

In this case, workers performing such work are entitled to wages, social benefits, social security, and compensation for dismissal without cause.

In addition, it is important to remember that if the employment relationship is terminated prematurely, the employer Prior notice or compensation must be paid (For fixed-term contracts). Again, the reasons for this decision must be clarified.

Dismissal

Dismissal

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Compensation calculation

Jimenez pointed out LiftA Compensation is calculated based on the contract type and the duration of the work.

For indefinite contracts, compensation is based on length of service and salary. For fixed-term contracts or employment terms, compensation is paid for the remaining time on the contract.

Factors that must be considered in the calculation include: seniority, salary and contract type.

compensation

compensation

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What if the employer refuses?

The lawyer said that if the employer refuses to pay compensation, Workers have some legal options available to them.

Among the available alternatives, you can file a labor claim with a labor judge, file a complaint with the Ministry of Labor, or seek legal advice and representation from an attorney specializing in labor law.

Also remember that you can go to the Ombudsman’s office, municipal office, trade union or labor mediation center.

(See: Absence from work: 6 out of 10 cases in Colombia are unjustified)

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