You might be interested in: What holidays will Colombians enjoy in 2022? – Other activities of the employer for the simple gift or for the traditional advantage, such as marriage leave, birthdays, Christmas, to name just a few examples, do not release from compliance with the obligation to grant a semi-annual working day dedicated to the family. Hello Family Day is a full day or half a day per semester follow-up is important because employers need to track who took the family day or not, which serves as evidence in case they are faced with inspections or fines by the Ministry of Labor for breach of the obligation. As explained by labor lawyer Andrés Gómez, due to its novelty, this figure has so far been very little applied by the personnel managers of the country`s companies, but the state`s intention to strengthen the family structure in Colombia with this regulation is clear. 2. The employer may take the necessary measures to ensure that this day is coordinated with the Family Compensation Fund, to which it is bound by legal provisions, and although the legislation does not provide for sanctions in the event that the employer does not organize the biannual Family Day, Acopi (Colombian Association of Micro, Small and Medium Enterprises) stressed that this measure is detrimental to employers in the country, because it costs overruns. Indeed, the MinTrabajo points out that the 1857 Act establishes three modalities by which the employer may fulfill the obligation to grant the employee a semi-annual working day to be shared with the family, namely: (1) The employer may, at its discretion, agree with his family on the place and manner of conducting the day for the employee. with his own Peculio. (1) The employer shall not interfere in the manner in which the employee decides to spend his working day with his family, since he is prohibited from entering into the employee`s intimate life. This “applies to all workers, regardless of their marital status, as the law was no exception,” Palacio added. Needless to say, family day cannot be turned into a rest day such as a Sunday or Saturday, which is considered paid rest according to the company`s schedule.
There is also the possibility for the employer to provide or manage a space that the family compensation fund can share with their loved ones. If the company does not create these spaces, it must give its employees at least once every six months a day off. Hello good day is that I have a doubt with the theme of Family Day, that the company will give us December 24 as Family Day, but they tell us that something new has come out in the regulations and that these hours that we have to pay for them are correct, which the company does thanks to the text of the law, In this way, the employee and the employer can now agree to establish a flexible schedule for the working day and working conditions in order to facilitate compliance with the family obligations referred to in this Article. The law makes it clear that workers do not receive two more days of leave, and that these two days are not at their discretion as if they were mandatory rest days. These two days, one of which must be distributed every six months, must be provided logistically by the company because, according to Article 5A, each of the employers must facilitate, promote and manage this semi-annual day, which aims to allow its various employees to share with their families in a space provided by it. If it is not provided, the employer must administer it through the family compensation fund where the employees have. It should be clarified that the employer in Colombia cannot interfere in the way the employee spends the free time he would have under family day law. “Employers must allow, promote and manage a semi-annual day during which their employees can be managed with their families in a room provided by the employer or in a room in front of the family compensation fund available to employees,” the Colombian law states. It should be recalled that Law 1857 of 2017 is an update of Law 1361 of 2009 or the Law on the Integral Protection of the Family, which aims to strengthen and guarantee the development of Colombian families as the nucleus of our society. -The boss is not obliged to set a new family leave date for absent employees (disabled, on vacation or on vacation). For Quintero, the law should provide that the semi-annual family day is fully planned and executed by the family compensation funds. It is important to clarify that this day is a right of all workers, whether they have children or the family model they have, and employers cannot demand proof that the day has been used effectively to share with their loved ones.
In addition to this obligation, “Article 3 of Law 1857 of 2017 stipulates that the employer may encourage an adjustment or flexibilization of working hours to facilitate the presence or participation of the employee in the family environment,” Palacio concluded. Another aspect to highlight after the concept is that the extra-legal benefits that employers sometimes offer for social holidays, such as giving a few days to a married employee who gets married, cannot be combined or are a kind of substitute for the family day. How are they I want to know if it is true that to maintain Family Day, the company must have more than 50 employees? Thank you Hello. I would like to know if the employee is obliged to regain this time of the family day, for example, in our case we have to recover an additional daily hour to our working day for 9 days. There are three alternatives: the first, to organize a day of activities so that workers can enjoy this space in the society of their family nucleus; the second, to manage the event through the compensation fund to which the employees are affiliated; and the third, to give each semester a day off, with pay, for this purpose. WHAT SHOULD BE CONSIDERED?-The law does not set a minimum working time to be entitled to the family day.-The employer cannot require proof that the employee has used this day of leave for family purposes. These provisions were originally set out in Law 1361 of 2009 or the Law on the Comprehensive Protection of the Family, and new measures were amended and added by Law 1857 of 2017. In accordance with Article 5 A, the employer may, from the date of adaptation of the worker`s working time, in order to enable the worker to turn to his relatives and to comply with his obligations of protection and accompaniment.
The family members covered by this legislation are: The biannual Family Day is not the only amendment introduced by Law 1857 of 2017, as it amends Article 6 of Law 1361 of 2009 and declares May 15 “National Family Day”. Although this date does not entail any obligation for employers, internet and mobile operators in the country must promote on the same day a day called “Day without networks”, during which, in the exercise of their social function, they must promote messages that invite users to use digital channels more responsibly, warning of the risks of new technologies and asking for more time, dedicated to their families. We recommend that you choose a semester day to make it available to all employees free of charge as a family day and thus not have to follow the case of each employee independently. This ensures that all employees enjoy the designated family day and that this obligation is fulfilled at the end of each semester. The law stipulates that if the employer does not manage this day, “employees must be allowed to spend this period with their families without affecting the rest days, without prejudice to the agreement on overtime”. Law 1857 of 2017 supplemented the measures provided for by the legislation to protect the family and stipulated that employers must give employees one day per semester to strengthen their ties with their family group. This is in addition to the introduction of measures that make working hours and conditions more flexible so that employees can fulfil their family responsibilities. Colombian workers have the right to share a semi-annual working day with their families. This means, according to Law 1857 of 2017, that employers must facilitate, promote and manage this space.
It is the duty of companies and employers to guarantee rooms to strengthen family ties once a semester The right of employees to a semi-annual rest day is enshrined in Law 1857 of 2017, in force for a little more than 4 years, although not all employees have benefited from these days of rest and integration into the family every 6 months. Either because their employers do not know the obligation, or because they simply do not comply with the law.
