With the issuance of Law 2191 of January 6, 2022, which regulates labor disconnection in Colombia, every natural or legal person of a public or private nature, must establish a labor disconnection policy of internal regulation, which must comply with the following aspects:
- The way in which this right is guaranteed and exercised, including guidelines for the use of information and communication technologies (ICT).
- Establish the procedure containing:
2.1. The mechanisms and means for the Company’s employees to file complaints regarding the violation of the right, either in their own name or anonymously;
2.2. The processing of the complaints presented, guaranteeing due process as a constitutional right; and
2.3. The mechanisms for conflict resolution and verification of compliance with the agreements reached, and the cessation of the conduct.
Companies must guarantee their employees, regardless of whether their labor relations are based on the different modalities of labor contracting and/or execution of labor contracts, the right to work disconnection, which begins once the working day is over. The exercise of this right will respond to the nature of the position.
Likewise, they are guaranteed the effective and full enjoyment of their rest time, leaves, leaves and vacations, as well as their personal and family life.
The law exempts its application to:
1. Workers in positions of leadership, trust and management;
2. Those who, due to the nature of the activity or function they perform, must have a permanent availability; and
3. Situations of force majeure or fortuitous event, in which it is required to comply with special duties of collaboration with the Company, when necessary for the continuity of the service or to solve difficult or urgent situations in the operation, as long as it is justified that there is no other viable alternative.
If you need further information or advice regarding the right to disconnect from work, please do not hesitate to contact us with your inquiry.
