Does a worker who is paid daily have the right to severance pay?

In the labor market there are different types of contract which can be classified depending on working conditions. One of these agreements is the one that is intended for people who perform temporary work or are paid daily.

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The occasional, accidental or transitional employment contract is of short duration (no more than one month) and the activities established in it are different from the usual tasks of the company. This form of contracting can be done formally or in writing.

Considering that for the rolling quarter November 2023 – January 2024, Of the national total, 84.3% of the employed population that worked in microenterprises was informal. It is important to be clear about the current regulations and how the law protects the collaborator in these cases.

Yes, a person who works and is paid daily can receive severance pay, even if they have a casual employment contract. Colombian labor legislation protects all workers, regardless of the type of contract.

According to Jimmy Jiménez, a lawyer specializing in family law, in these cases both the provisions of the Substantive Labor Code (CST) and Law 50 of 1990 (amending the CST) and Law 789 of 2002 apply.

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The expert points out that, although Colombian law does not have a specific definition of daily work, it does recognize different types of contracts. In that sense, This type of work is understood as one in which payment is made at the end of each day.

In this case, the worker who performs this type of work has the right to payment of his/her salary, social benefits, social security and compensation in the event of an unjustified dismissal.

Furthermore, it is important to keep in mind that if the employment relationship is terminated prematurely, the employer must give advance notice or pay compensation instead (in the case of fixed-term contracts). Likewise, the reasons why this decision was made must be clarified.

Dismissal

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Jiménez points out that lto compensation is calculated according to the type of contract and the duration of employment.

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

Among the factors that you must take into account for your calculation include: seniority, salary and type of contract.

Compensation

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According to the lawyer, if the employer refuses to pay compensation, The worker has some legal options that can be used.

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

Remember, also, that you can go to the Ombudsman’s Office, municipal offices, unions or labor conciliation centers.

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