Family Day will be eliminated, but labor reform will offer another benefit: see what it's all about

Family Day will be eliminated following the implementation of Law 2101 of 2021, which gradually reduces the working week in Colombia from 48 to 42 hours for the country's workers.

It should be noted that the reduction in working hours does not represent a reduction in salary, benefits, or the value of the regular hourly rate, nor does it exempt the employer from fulfilling its obligations to employees.

However, the new labor law will provide a new benefit for workers to have a paid day off every six months.

The labor reform explains that "employees of private companies and workers governed by the Substantive Labor Code may agree with the employer, one (1) day of paid rest for every six (6) months of work, in which they certify the use of bicycles as a means of transportation for arriving and leaving the workplace."

That is, to qualify for a day off, you must present a certificate proving your use of this means of transportation to get to and from work.

According to Javier Almanza, director of the Labor Department at the Universidad del Rosario Legal Clinic, in an interview with RED + NOTICIAS , Family Day will be eliminated due to the reduction in working hours; however, its granting can still be established by agreement between the parties.

The director indicated that the employee can request Family Day leave in writing from the employer in order to reach an agreement.

This authorization must also be formalized in writing, clearly specifying the effective date of the benefit. The company also has the authority to set the date on which the employee may take this day.

Finally, please note that the day of rest has the following exceptions, according to Law 2101 of 2021:

a) "In jobs that are especially unhealthy or dangerous, the government may order a reduction in the working day in accordance with relevant rulings."

b) "The maximum length of the working day for adolescents authorized to work shall be subject to the following rules:"

c) "The employer and the worker may agree, temporarily or indefinitely, to organize successive work shifts, which allow the company or its sections to operate without interruption during all days of the week, as long as the respective shift does not exceed six (6) hours per day and thirty-six (36) per week;"

In this situation , no surcharges will be incurred for night work or for working on Sundays or holidays. However, the worker will receive the salary corresponding to their regular workday, guaranteeing at least what is established by law or agreements, and will retain the right to a paid day off.

d) "The employer and the worker may agree that the weekly workday of forty-two (42) hours will be carried out through flexible daily work days, distributed over a maximum of six days a week, with one mandatory rest day, which may coincide with Sunday."

In this way, the daily workday may be distributed variably throughout the week, provided that a minimum of four (4) continuous hours and a maximum of nine (9) hours per day are guaranteed, without generating surcharges for overtime work, as long as the average of forty-two (42) hours per week within the ordinary workday is not exceeded. This in accordance with the provisions of article 160 of the Substantive Labor Code.

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