Regarding the 18 issues that the Government put on the table and that will be part of the discussion of the labor reform that will be filed before the Congress of the Republic on March 16, it is important to understand the implications not only for employees, but for the businessmen of the country.
The Ministry of Labor gave some points on which the bill will be based. Topics such as rural employment, recruitment figures, regulation of digital platforms, Sundays and holidays, among others, will be discussed.
THE NEW CENTURY spoke with him former Minister of Labor Ángel Custodio Cabrera on the priorities that the labor reform should have. Although Cabrera assures that it is prudent to wait for the final document that will be presented to Congress in March, he explained what should be, in his opinion, the main points of this bill.
More contributions
He argued that the priority of this reform is based on “everything that has to do with combating labor informality, since based on this it can be tied to a possible pension reform; In this way, people can contribute much more to both the social security system and the pension contribution. This is one of the most important issues.”
He added that another issue that is urgent is that of technological platforms (such as Uber, InDriver, among others). For the ex-minister it is important to make some type of regulation.
In his opinion, it is urgent to also regulate working hours in accordance with current employment in the country. In addition, he stressed that it is important that the Government put on the table the management that will be given to the contracts for the provision of services.
“These contracts in Colombia have to end,” Cabrera said. However, he clarified that “the strictly necessary must be left, but the one that has to set an example is the Colombian State and the Government has already started to do so. In this sense, I consider that the subject is going well”.
Another priority in this reform must be the work of migrants, said the former official. “We (the previous government) left the issue very advanced, so it is important that this issue continues with the formalization of several migrants, since there is currently a lot of labor exploitation. I consider that it is a point in which it is necessary to work hard”.
Rural work and youth employment
According to the former Minister of Labor, the generation of employment in rural areas should be one of the bases of the reform proposed by the new government.
For Cabrera, it is essential to work together with all organizations, both business and rural, to reach agreements that benefit farm workers, “bearing in mind that the greatest informality is in the Colombian countryside.”
He stressed that for now the most important thing that the Government has proposed is the dialogue between employers, workers and union organizations. “A labor agreement would be very good, the country needs it.”
In addition, he maintained the importance of continuity in the subsidies that exist for the generation of new jobs for young people. “At this point, education and training for work is essential. In the previous government we left this issue in advance and I hope that now part of these initiatives will be collected, since this is key in the training of young people”.
provision of services
On the other hand, Javier Eduardo Almanza, lawyer, master’s degree in labor law and social security and coordinator of labor law and social security at the legal office of the Universidad del Rosario, told this newspaper that the priorities of the reform are specifically to focus on the generation of employment and the decrease in the generation of service benefits, since “it is undeniable the abuse of the figure that brings with it the generation of labor demands and also the congestion of the administration of justice”.
However, Almanza highlighted the effort made by the business community in the country. “We cannot lie to ourselves, the employer finds it very difficult to generate with the current economic conditionsTherefore, the effort of the employer in the generation of employment is also recognized”.
“Now, focusing on the reform at this halfway point of the reduction of this type of contracts automatically generates a counterweight in the creation of public jobs, another of the great problems in the State,” added the analyst.
For Almanza, initially with the contracts for the provision of services it is important to consider non-elimination; He considers that what should be prioritized is a regulation and a limitation of the figure, as well as strengthening the public service and the administrative career, finding a true balance and avoiding the abuse of this figure.
Straight
It is important to mention that with the current situation in the country, where there is an imminent slowdown in the economy and great challenges are being faced in terms of job creation, it is important to find a balance in improving working conditions without affecting companies .
In this regard, the expert argued that this balance could initially occur if the form of contracting is landed. It is common to think that the provision of services is a way to avoid greater financial burden for many employers. “It is really advisable to standardize or reduce costs many times to optimize contracting and generate some stability in the relationship.”
He added that it is also essential to understand that “the economy at this time is uncertain, which is what helps to foster bonding, but ultimately the generation of jobs will automatically allow an acceleration of the economy.”
Change work status
Regarding the basic proposal presented by the Government, in which it put 18 important points of the labor reform on the table, the expert Javier Eduardo Almanza highlighted that “they are strictly complying with what the Constitution establishes in its article 53trying to materialize the true labor statute or workers’ right and dignifying the relationship, exalting the legal and commercial sophistry that have existed to hide the true labor relations, such as digital platforms.
“It is important to consider the different figures that have distanced the worker from the company, it is time to exalt them, recognize their value but above all limit the true effect that they can produce in a work relationship; this means that outsourcing, subcontracting and other figures used must exist but must be used correctly”, added Almanza.
According to the expert, with this reform it could be observed the true existence of labor relations and the true justification of stability in employment and future progressivity of labor rights, within the framework of a normalization of the activity and dignification of workers’ rights, but not before noting that it will also be a transition for the employer. “However, a balance will be found by correctly applying each of the figures that exist in Colombian legislation.”