FIND THE RIGHT EMPLOYMENT LAWYER IN COLOMBIA
Finding an employment lawyer who has the time and patience to speak with you is crucial. The most important criteria you should look for in an employment lawyer in Colombia is whether the lawyer is accessible as and when you require expert assistance to your problems. There is no point in hiring a lawyer who remains inaccessible and reaches out to you when your legal issue in Colombia is solved. Common issues requiring the assistance of an employment lawyer are when a worker in Colombia is being discriminated against at the workplace for whatever reason or when the worker has been rudely terminated from his job for no ground and for all other relevant employment issues. If you as a laborer is facing these struggles at your workplace, do not hesitate to take the guidance of a lawyer in Colombia.
Businesses too require the support of employment lawyers in Colombia. The laws in Colombia have been carefully framed keeping in mind the welfare of the laborers, say lawyers. If a company has to abide by the rules and regulations specified for workers’ welfare, consultation with a skilled employment lawyer in Colombia is required.
Understanding The Role Of Lawyers In Colombia
One of the most important roles of an employment lawyer is to inform the company and laborers in Colombia about their rights and responsibilities. The businessman in Colombia is most often not aware of his responsibilities and requires an attorney to elucidate the same. When a lawyer explains the rights and responsibilities, businessman in Colombia assumes that he is aware of these already and there is no need to hire a lawyer to support him. Never take the wrong decision of handling your employment issues by yourself, warn attorneys.
A closer look at the details listed out by your lawyer will enable you to understand that the lawyer is laying out information that you are not familiar with but appear to be familiar with. It is a whole new world. A businessman in Colombia is always advised to make effective resource planning before commencing business. One of the critical stages of resource planning in Colombia is making provision for the laborers to be employed, say lawyers. Making errors in resource planning can be fatal to your business. Your lawyer in Colombia will elucidate that if the error is connected to human resource planning, you may even be imposed a ban due to your improper human resource management and improper compliance with the law.
Contact an employment attorney in Colombia to know where you are lagging as an owner in complying with existing employment laws. If you are a laborer unlawfully terminated by a manager, you should not delay taking the guidance of an experienced employment attorney in Colombia.
Legal Framework in Colombia
The employment legal framework in Colombia includes several provisions that are identical to the principles laid down by the International Labor Organization. In Colombia, non-compliance with labor-related requirements is taken very seriously and strict action will be taken to avoid mismanagement of human resources and non-compliance with existing laws. Ask lawyers how does the law handles non-compliance with the law.
On checking these policies one may feel the whole set of employment-related regulations in Colombia seem to favor workers, then why should I as a proprietor need to make myself aware of these employment rules. Your lawyer in Colombia will apprise you that the belief that these workers’ policies in Colombia are in favor of the worker is improper. There are certain rules that favor the companies too.
One such important aspect of the employment laws in Colombia is that if a worker quits the job within two months, then the company is not liable to pay any benefits to the worker, say lawyers. The reason for companies in Colombia to identify workers who are fit to remain in the business within the first two months is that after two months the worker becomes eligible for severance pay if terminated without cause after two months.
The need for quick assessment of the worker in Colombia is for the benefit of the company. The company will not be familiar with the right to terminate the worker within the first two months unless an employment lawyer guides about the same. Also, an experienced employment lawyer will forewarn the manager about the liability he will incur if he terminates the worker after two months of commencement of service. It is vital for the company in Colombia to know from the lawyer as to what constitutes unlawful termination from employment.
Understanding the nature and period of employment contracts
Speak to your lawyer about the terms and nature of your employment contract. Most companies do not realize the need to have an employment contract with specific terms mentioning the term and nature of employment. In this situation, if you are someone with no idea about how employment contracts are framed, contact our lawyer in Colombia immediately. Our lawyer will discuss several aspects of your business with you including the nature of business and nature of employment to be performed by the worker. On speaking to our lawyer you will realize that the law categorizes employment contracts based on the time involved.
One of the most common employment contracts is the fixed employment contract which is prepared for a fixed period of time, say attorneys. Your lawyer may recommend the service contract if the nature of work involved does not require a specific mention of terms like salary.
Agreements that do not include the term of employment are considered to be for an indefinite period of time. Any employment contract in Colombia that does not mention the time is considered as an agreement for an indefinite period.
Agreements between companies and workers under a service contract mention fees instead of salary. The relationship between the company and worker under this agreement is not strictly that of a company and worker. Your lawyer will apprise that if you wish to obtain the services of an expert who does not want to be your worker but you wish to have some control over the work done., you should take the guidance of an employment lawyer in Colombia to prepare a service agreement.
Speak to our lawyer to understand which employment agreements are relevant to your business in Colombia and frame the agreement with the right language expressing your intentions.
Benefits Afforded to workers under social security
Your lawyer in Colombia will warn you that the government wants to provide maximum employment benefits to the workers. A rule in Colombia mentions that every worker should be enrolled in health care and a company should provide 8.5 percent of the total wage of the worker towards this scheme for the benefit of the workers, say lawyers. The reason for such requirement is to safeguard the health care of the workers in Colombia.
In addition to health care benefits, the business should provide vacation benefits to the workers, a salary of fifteen days every year for any contract that is for an indefinite period, say lawyers.
Your lawyers in Colombia will apprise you that the thirteenth month’s salary may be paid partly in June and partly in December. Companies that are not aware of the manner in which the thirteenth month’s salary is to be paid tend to overburden themselves with paying the whole payment in the first month in June itself. The lawyer you consult will warn you of the possible penalties and the privileges provided by law.
The businessman will be explained by his lawyer that the worker should be paid with severance pay when he is unlawfully terminated from the employment for no just cause. The severance pay payable is usually the salary payable for one month.
Protecting Worker Rights
A laborer will need the assistance of an attorney to protect his rights. There are several situations in which the worker seeks support of employment such as when the employer in Colombia files for terminating the employment of the laborer with no just cause, or when there is discrimination. Compelling a laborer to work in a toxic situation is also ground to file a suit against the employer in Colombia. Whenever there are complaints of sexual harassment or discrimination on the basis of race, you should file a suit against the company immediately. If any of the above conditions occur, the worker has a legal right to file against the company in Colombia.
Protecting the rights of the company:
When you had a just cause to terminate an employee from service but the worker has filed a suit for unlawful termination, you should take expert assistance to understand how to defend. Creating a satisfactory severance deal with attorney support is essential so as to avoid litigation on the basis of unsatisfied severance paid.
Another aspect in which the attorneys can support is creating contracts properly mentioning the term of the agreement and clearly mentioning all specific terms about the employment,
For defending claims by a laborer or to fight suits by companies, you should speak to the attorneys at The Law Offices Of SRIS, P.C.