With some ups and downs, The National Government advances its reform agenda.
Among the projects that he has been promoting, one of those that managed to get through Congress before the end of the legislature was the labor reform. The initiative passed its first debate in the Seventh Committee of the House of Representatives, so it will continue its process in the following period.
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However, the Ministry of Labor is seeking to advance what the initiative proposes by issuing some decrees, drafts of which have already been drafted. These would be related to changes in collective and individual rights.
As regards individual rights, the drafts establish the limits on labor outsourcing in the private sector. In addition to the rules on the operation of Coexistence Committees in the public and private sectors to prevent violence and harassment at work.
In the case of the latter, the decree associated with these adjustments would replace article 88 of the labor reform that stipulated functions of the authorities.
On the other hand, some modifications associated with collective rights. These include unified collective bargaining (single terms of reference, single table, single negotiating commission and single agreement).
With the above, article 78 of the reform that sought to guarantee the right to collective bargaining, and articles 82 of the right to strike and 84 of the contractual strike requirements, would be replaced.
The adjustments in this matter also include a modernization of Decree 017 of 2016 to facilitate the operation of the Arbitration Courts.
In addition, the provisions are defined to modernize the right to strike, including the procedure to establish minimum services. in cases of strike in essential public servicesas ordered by the Constitutional Court and established by international standards.
On the other hand, the drafts contemplate unified negotiation with which other provisions are dictated to organize collective bargaining processes in the private sector. This decree would also seek to include what was included as article 74 in the reform and determined the retention of union dues.
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The changes that would come
One of the aspects that stands out the most is related to the decree that organizes collective bargaining processes in the private sector. These provisions would seek to provide workers with instruments to redistribute wealth and combat inequality through collective bargaining and participate in decisions that affect them.
Another point that draws attention is the change that is sought in labor outsourcing, since with the corresponding regulations Definitions such as contractors and subcontractors would be added. Added to this is that, with its implementation, companies, entities or organizations that illegally participate in practices of this type will be sanctioned by the labor inspection with successive fines.
In the case of unified collective bargaining, rules are issued related to the establishment of minimum services. during strikes on essential servicesso that when these workers are on strike, services are not affected.
On the other hand, regarding the modernization of strikes, the issuance of the decree would seek to enable non-unionized workers to renounce the benefits of the collective labor agreement and thus, for example, not pay union dues to the union that owns said collective agreement.
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BRIEFCASE
*With information from EL TIEMPO – ECONOMY
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