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From this year, Law 2101 of 2021 begins to apply , which aims to reduce the working day and gradually go from 48 hours to 42, in five or six days a week, depending on the agreement made by workers and employers.
In accordance with article 3 of the aforementioned standard, the decrease in the ordinary working day may be implemented gradually by the employer, as follows:
After two (2) years from the entry into force of the law , one (1) hour of the weekly working day will be reduced , leaving 47 weekly hours.
Three (3) years after the entry into force of the law, another hour of the weekly working day will be reduced, leaving 46 weekly hours.
As of the fourth year after the entry into force of the law, two (2) hours will be reduced each year, until reaching forty-two (42) hours per week, in accordance with the provisions of the articles.
The intention of the law is that people have more time for their personal life, as well as share more time with their family and even carry out leisure activities. At the same time, labor productivity is improved.
An important point is that the reduction in working hours will not imply a reduction in the remuneration of employees and workers will continue to earn the same salary monthly or biweekly. Nor will it represent an exoneration of the labor charges of the workers.
Colombia, one of the countries with the longest hours
Data from the Organization for Economic Cooperation and Development (OECD) revealed that according to a study carried out in 2020, Colombia ranked second worldwide among countries where workers work more than 60 hours, with 14 , 2% and surpassed only by Turkey. Next on the list is Mexico (13.4%) and Costa Rica (10.9%).
The organization's report indicates that, due to the high workload that Colombians have, they would be suffering more physical and emotional problems that they have to face every day .
This is how they will follow up
Five years after the entry into force of the law , the Government will carry out the respective audits. “The National Government at the head of the competent entity will carry out an ex post evaluation of its compliance within the five years following the entry into force of this law. In the same way, it will render annual reports to the Congress of the Republic for this same purpose”, explains the regulations.
exceptions to the law
The regulations explain that when the 42-hour weekday is carried out through flexible daily work shifts, distributed over a maximum of six days a week, the worker must have "a mandatory rest day, which may coincide with Sunday".
Faced with the organization of successive work shifts , temporarily or indefinitely, the law explains that it must "operate the company or sections of it without interruption during all days of the week, as long as the respective shift does not exceed six (6) hours a day and thirty-six (36) a week”.
And it adds that, " in this case there will be no night surcharge or the one provided for Sunday or holiday work , but the worker will earn the salary corresponding to the ordinary working day, always respecting the legal or conventional minimum and will be entitled to a paid rest day.
The document ensures " in tasks that are especially unhealthy or dangerous, the government can order the reduction of the working day in accordance with opinions in this regard."
In the case of adolescents authorized to work , over 15 and under 17 years of age, they may only work a maximum of six hours a day and thirty hours a week and until 6:00 in the afternoon.
While adolescents over 17 years of age, they will only be able to work a maximum of eight hours a day and 40 hours a week and until 8:00 at night.