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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,

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20/03/2024
Minimum old-age pension guarantee: changes for women according to the Con­sti­tu­tion­al...
On 22 February 2024, the Constitutional Court issued a press release on the declaration of un­con­sti­tu­tion­al­ity in the judgment C-054 of 2024, which included changes to the requirements regarding the number...
27/02/2024
New jurisprudential position on the counting of time contributed to the...
On 31 January 2024, the Labour Chamber of the Supreme Court of Justice issued Sentence SL 138 of 2024, in which it modified the position on the equivalence of time contributed to the General Social Security...
23/01/2024
Key aspects in employment matters to bear in mind as we start 2024
As the new year begins, employers must remain attentive to updates established by the National Government regarding the increase of the minimum wage, transportation allowance, the Consumer Price Index...
13/12/2023
PENSION REFORM PROJECT: WHAT IS THE DEBATE ABOUT?
On June 14, 2023, the Seventh Commission of the Senate of the Republic approved in the first debate Law No. 293 of 2023, which establishes the Comprehensive Social Protection System for old age, disability...
17/10/2023
Remote Working Legislation, Laws & Regulations in Colombia
1. Is there any legislation related to working from home in your country?   Yes, there is. It is important to highlight that before the pandemic in Colombia “tele­work­ing”—i.e. remote working—...
Comparable
13/10/2023
Analysis of the legal opinion provided by the Ministry of Labour in regard...
At the end of August of 2023, the Ministry of Labour issued a legal opinion in which they analyzed the dispositions stated in Article 190 of the Colombian Labour Statute which establishes the obligation...
17/08/2023
Implications of Law 2306 of 2023 and the employment legal provisions for...
On July 31 of 2023 the Congress issued the Law 2306 of 2023 which main goal is to promote the protection of maternity and primary childhood. Even though this Law includes provisions related to incentive...
16/08/2023
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
01/08/2023
Colombia's Pension Reform: legislative process and key aspects
On July 20, 2023, the Congress of the Republic started a new legislative session, in which Act No. 293 of 2023 is expected to be deliberated and discussed now that it entered its legislative phase. This...
01/08/2023
Dismissals and Termination of Employment 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
28/06/2023
Cost-cutting and restructuring in times of crisis
A tough global economic outlook is driving many employers to review their operational costs. Across businesses, hard questions are being asked about where efficiencies can be made – and ultimately what...
14/06/2023
Constitutional court: women will be able to retire with 1.000 weeks of...
On June 6, 2023, the entire chamber of the Constitutional Court declared unconstitutional paragraph 2 of numeral 2 of article 9 of Law 797 of 2003, concerning the contribution time of women. This article...