Flash News - Decree 0533, law 081/22S-195/ and Concept 11043 in Colombia
Flash News - Decree 0533, law 081/22S-195/ and Concept 11043 in Colombia

1. Through Decree 0533 of April 29, 2024, the Ministry of Labor regulates incentives for the creation and permanence of formal jobs for workers with disabilities. 

The benefit is aimed at employers who hire new workers for a period of no less than 6 months, the amount of the benefit will be: 

I. For each hiring of a young person between 18 and 28 years old: 30% of a current legal monthly minimum wage (CLMMW) as its acronym in Spanish - (SMMLV).

II. For each hiring of a woman over 28 years of age who earns up to 3 CLMMW: 20% of one (CLMMW).

III. For each hiring of a man over 28 years of age who earns up to 3 CLMMW: 15% of one (CLMMW).

IV. For each hiring of a person with a disability: 35% of one (CLMMW).

The beneficiary employer may only receive up to 24 incentives (for 24 months of contributions) for each linked worker.




2. On February 16th, 2024, the plenary session of the House of Representatives approved the fourth debate on bill 081/22S-195/23C, through which it seeks to approve Convention 183, relating to the protection of maternity, adopted by the 88th International Labor Conference, in Geneva, Switzerland, on June 15th, 2000.

The initiative seeks to guarantee that women who are heads of households, pregnant, or returning from pregnancy are not fired or removed from their jobs, as well as the adoption of breastfeeding hours and appropriate scenarios to carry out this activity.

“Protecting the labor well-being of pregnant women, promoting prevention of occupational safety risks, non-discrimination and immediate reinstatement after maternity leave, among others, will be the benefits that women heads of household will receive, through the incorporation of the conventions established by the International Labor Organization – (ILO), as its acronym in Spanish – (OIT), which most countries have already linked in their regulations.”




3. Through Concept 11043 of March 16th, 2023, the Ministry of Labor resolved the following concerns related to the withholding and discount in the worker's salary:

The entity recalled that, in accordance with article 149 of the Substantive Labor Code (SLC), as its acronym in Spanish - (CST), the employer cannot deduct, withhold, or compensate any sum from the salary without an order signed by the worker for each case, including discounts or compensation for use or rental of premises, tools or work tools.

Nor can the withholding or deduction be made without a court order, even if there is a written order from the worker, whenever the legal or conventional minimum wage is affected, or the part of the salary is declared non-attachable by law or when the total debt exceeds the amount of the worker's salary in three months.

The discounts that the employer can make are those provided for in Article 150 of the Substantive Labor Code – (SLC), as its acronym in Spanish - (CST), such as union, cooperative, and savings bank fees, fees for mandatory social security, or disciplinary sanctions imposed according to the approved internal work regulations.

Now, Article 151 of the SLC provides that the employer and the worker can agree in writing on the granting of loans, advances, deductions, withholdings, or compensation from the salary, setting the amount subject to deduction or compensation and the period for the gradual amortization of Debt. If the employer modifies the agreed conditions, the worker may go before the labor inspector.




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