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Employment & Pensions

Employment & Pensions

Regardless of the circumstances, the labor practice and the management of the relationship between Companies, employees and the control and/or inspection entities have been a key issue within organizations in order to guarantee the successful and efficiently achievements of the operational goals, but above all, to properly manage their human resources as the most important.

Working with CMS Rodríguez-Azuero entails working with a team of expert lawyers who will always support you, not only throughout crisis situations, resolution and legal representation, but in the timely and adequate design of preventive and improving strategies. Our labor, social security and migratory team advises domestic and international clients in regards with the issues that may affect their activities in Colombia and abroad.

Our services include:

  • Provide counsel in cases related to labor contracts, labor conditions adjustments, workplace regulations, hiring, dismissals, retirement plans, sanctions, apprenticeships, policies and measures in occupational hazards, labor risk, and, all issues related with the core business on this matter.
  • Provide counsel in cases related with expats and the integral management of immigration permits and Colombian visas.
  • Provide legal representation to the clients in judicial processes, judicial conciliation, as well as proceedings before the administrative authorities.
  • Best practice reports to verify the fulfillment of the labor and social security regulations.
  • In merger and acquisition transactions, we also develop due diligence processes.
  • Provide advice in due diligence operations and legal representation in matters related to the inspections process carried out by the Unidad de Gestión Pensional y Parafiscales (UGPP) (special administrative entity in charge of the surveillance of the social security and payroll contributions of employers).
  • Provide advice in due diligence operations and legal presentation in the processes of real and presumed debt, in pension contributions, before Entidades Administradoras de Pensiones.
  • Provide advice in due diligence operations and legal presentation in disability recovery processes, before Entidades Promotoras de Salud (EPS).
  • Advice on pensions, contributions to social security and application of bilateral agreements between Colombia and other countries in pension matters.

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Expats
Our services include:Our CMS Expat Desk conformed by the specialists of the Employment & Pensions and Tax practices, provide a well-recognized, effici

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23/09/2022
The out­sourcing of ser­vices and the hir­ing of in­de­pend­ent con­tract­or is...
06/09/2022
CMS Ex­pert Guide on dis­crim­in­a­tion in the work­place in Colom­bia
1. What are the main laws on dis­crim­in­a­tion in the work­place in your jur­is­dic­tion and what type of con­duct does it cov­er? In Colom­bia, the main leg­al source re­gard­ing dis­crim­in­a­tion in the work­place...
Comparable
25/07/2022
The Min­istry of La­bour is­sued De­cree 1227 of 2022 in which new rules about...
Even though tele­work­ing has ex­is­ted in Colom­bia for more than 14 years in ac­cord­ance with Law 1221 of 2008 which was ini­tially reg­u­lated by De­cree 884 of 2012, be­cause of COV­ID19 and the con­tin­gency meas­ures...
13/05/2022
Pro­pos­als of the new gov­ern­ment plans of the pres­id­en­tial can­did­ates re­gard­ing...
On the eve of the first round of the pres­id­en­tial elec­tions, where voters will de­cide who be­comes the pres­id­ent of the Re­pub­lic of Colom­bia for the next four years, it is im­port­ant to show and ana­lyze...
28/04/2022
The “Re­mote Work” stab­lished on Law 2121 of 2021 and reg­u­lated by De­cree...
Be­fore the san­it­ary emer­gency de­clared be­cause of COV­ID19 that brought the im­me­di­ate and ur­gent need to al­low em­ploy­ees to work from home, there were already in Colom­bia spe­cif­ic reg­u­la­tions that stated...
22/03/2022
How to handle pre­cau­tion­ary isol­a­tion and con­fine­ment after two years of...
10/02/2022
Whis­tleblower pro­tec­tion and re­port­ing chan­nels in Colom­bia
1. Is there a law on whis­tleblow­ing in your coun­try? No, there is cur­rently no law for re­port­ing ir­reg­u­lar­it­ies, but bills are be­ing passed that seek to reg­u­late as­pects of busi­ness risks, which will...
Comparable
17/01/2022
Em­ploy­ers must grant a paid leave to em­ploy­ees who are par­ents or care­takers...
11/05/2022
What hap­pens now? Nav­ig­at­ing the new COV­ID em­ploy­ment land­scape
Des­pite a suc­cess­ful vac­cine roll-out, the world con­tin­ues to con­tend with new vari­ants of COV­ID-19. As coun­tries scramble to ad­apt to on­go­ing in­fec­tion risks, it is clear that work­ing life isn’t go­ing...
26/11/2021
COV­ID-19 vac­cin­a­tion and test­ing in Colom­bia - em­ploy­ment law per­spect­ive
Vac­cin­a­tion 1. What op­tions does the em­ploy­er have to en­cour­age em­ploy­ees to be vac­cin­ated? Can the em­ploy­er provide a fin­an­cial in­cent­ive to em­ploy­ees?  Vac­cines in Colom­bia are vol­un­tary; hence...
Comparable
16/11/2021
Sign­ing a con­tract for the pro­vi­sion of a ser­vice does not ex­empt the em­ploy­er...
The prin­ciple of primacy of real­ity over the forms is a trans­vers­al prin­ciple ap­plic­able to labor dis­putes. To pro­tect labor law, ju­di­cial of­fices have is­sued judg­ments in which the ex­ist­ence of em­ploy­ment...
22/09/2021
Em­ploy­ment ter­min­a­tion law and le­gis­la­tion in Colom­bia
1. Dis­missal of em­ploy­ees 1.1 Reas­ons for dis­missal lower-ro­man­Fair Dis­missals: if there is a fair cause for dis­missal, the em­ploy­er must identi­fy the facts and the stand­ards that were broken by the...
Comparable