As of July 15, opitas workers will have a one-hour decrease in the weekly working day, going from 48 hours to 47 hours. Notwithstanding this change, which provides benefits at the level of personal development, it will not apply to all employees.
Diary of Huila, economy
By: Gloria Camargo
As of July 15, workers in Colombia will experience a reduction in their weekly working hours, thanks to the entry into force of Law 2101, approved in 2021. This law seeks to establish a maximum duration of the working day of 42 hours. a week, and to achieve this, four annual reductions will be carried out until 2026.
The first reduction, which will be implemented as of July 2023, will imply a decrease of one hour in the weekly working day, going from 48 hours to 47 hours. Thereafter, a gradual reduction will continue in the following years.
As of July 15, 2024, workers must work one hour less than the previous year, which implies a 46-hour work week. The following year, in July 2025, there will be an additional reduction of two hours, leaving the working day at 44 weekly hours.
Finally, on July 15, 2026, the last reduction of two hours will take place, thus reaching the 42 weekly hours established by law. This gradual decrease is intended to ensure a smoother transition for employers and workers.
This law seeks to establish a maximum duration of the working day of 42 hours a week by 2026.
the same salary
It is important to note that this reduction in the maximum working day will not imply a decrease in the remuneration of workers.
To compensate for the shorter time worked, the value of the daily hour will increase. This means that workers will continue to receive the same pay per hour worked, but in a shorter period of time.
In addition, employers must carry out the corresponding calculations to settle the value of overtime and night, Sunday and holiday surcharges, taking into account the new value of the work hour.
The social impact
Alejandra Angarita, a psychologist specializing in human talent management, graduated from the Surcolombiana University, indicated in an interview for Diario del Huila that “the reduction of working hours is a topic of growing importance in the field of occupational psychology and health mental”.
At the same time, he pointed out that worldwide “more and more companies and countries are considering the implementation of shorter working hours as a strategy to improve the quality of life of employees and promote their psychological well-being.”
Among the positive impacts, according to the professional, “first, it allows workers to enjoy a better balance between work and personal life. Excess time spent at work can lead to burnout, stress and exhaustion, which in turn can have a negative impact on people’s mental and emotional health. By reducing working hours, it gives them the opportunity to invest more time in activities and relationships outside of the work environment, which contributes to strengthening their general well-being.”
In the workplace, Angarita pointed out that “reducing working hours can improve productivity and the quality of the work done, since it has been proven that working long hours continuously can decrease efficiency and increase the propensity to make mistakes.
Alejandra Angarita, psychologist specializing in human talent management
Therefore, giving employees more time to rest and recuperate encourages a higher level of concentration and performance at work. Employees have the ability to come to work refreshed and revitalized, which translates into greater creativity, problem solving, and better decision making.”
Finally, he indicated that another of the most outstanding points is “the reduction of work stress, which is a significant risk for the development of mental disorders such as anxiety and depression.”
Obligations follow
One of the fundamental points is that this decrease will not imply a reduction in salary or benefits that workers receive, nor will it affect the obligations acquired by employers in the contractual relationship.
In accordance with Law 2101, which establishes the maximum duration of the working day at 42 weekly hours, the distribution of these hours must be agreed between the worker and the employer in five or six days a week.
This implies that at least one weekly rest day must be guaranteed for the employee, thus promoting a better balance between work and personal life.
In addition, the law allows the number of hours worked to vary from one day to the next, as long as a minimum of four hours and a maximum of nine hours worked per day is respected.
And if the hours are not reduced?
Law 2101, which modified article 161 of the Substantive Labor Code (CST), is clear regarding the maximum duration of the working day and the obligation of employers to abide by it.
Gloria Inés Ramírez, Minister of Labor.
In the event that an employer refuses to reduce the working day, they would be clearly breaking the law and exposing themselves to the sanctions established in the labor legislation. This situation could be considered just cause for the worker to decide to terminate the employment contract unilaterally, through what is known as indirect dismissal.
Indirect dismissal allows the worker to terminate the employment contract due to serious and systematic breach by the employer of labor obligations. In this case, the employer’s refusal to reduce the working day could be considered a serious offense that affects the rights and guarantees of the worker.
In addition to the termination of the employment contract, the worker would have the right to demand the payment of the corresponding compensation established in the labor legislation. These compensations may include compensation for unfair dismissal and other compensation provided for in the Substantive Labor Code.
Why the reduction?
The Minister of Labor, Gloria Inés Ramírez, highlighted the importance of balancing labor relations and assured that barriers to dismissal without just cause are sought. Likewise, they are considering increasing the fines for those employers who fail to comply with labor regulations.
“Reducing working hours can improve productivity and the quality of work done.”
As for the maximum legal daily working day, the Government aims to establish a duration of eight hours with the corresponding nighttime or extra surcharges. This seeks to guarantee a fair and adequate working day for workers.
To whom will the reduction be applied?
Ramírez emphasized that these measures apply exclusively to individuals who have employment contracts with private sector companies. This means that workers who are in this situation will benefit from the reduction in working hours.
However, there are exceptions to this measure. In the first place, the reduction of the working day in especially unhealthy or dangerous tasks is contemplated. In these cases, the Government can order the reduction of the working day based on opinions and considering the risks to the health and safety of workers.
Second, the reduction in working hours does not apply to adolescents authorized to work. For young people between the ages of 15 and 17, the maximum workday allowed is six hours a day and 30 hours a week, until 6:00 p.m. On the other hand, young people over the age of 17 can work up to eight hours a day and 40 hours a week, until 8:00 p.m.
On the other hand, labor regulations also contemplate the possibility of agreeing successive work shifts, temporarily or indefinitely, that do not exceed six hours a day and 36 hours a week. In this case, no surcharges will be applied at night or for work on Sundays or holidays. However, the worker will continue to receive the salary corresponding to the ordinary working day.