Frequent questions LABOR LAW
1. ¿What is integral salary?
Is the legal term provided by the Labor Code and used for a form of salary that arises when the employer to be and employee to be, agree to include the social benefits in the in the monthly paid salary. The minimum integral salary is of ten (10) minimum legal monthly salaries, plus a 30% for legal social benefits and other payments (factor prestacional) composed by three (3) minimum legal monthly salaries more. In other words, In Colombia is not possible to agree an integral salary under thirteen (13) minimum legal in force monthly salaries.
2. ¿What is Payment in kind?
Is the possibility to pay the employee for his/her work by means of an element different than money. It is every payment agreed, different than currency, such as food, accommodation, clothes or else. Any difference between the Parties regarding the agreed payment in kind may be judicially reviewed.
3. ¿Do Labor rights prescribe after three (3) years?
It depends. There is a general rule regarding Labor Law that allows some rights to extinguish due to time. However, and despite the general rule provides a three (3) year general term, it does not operate or start counting the prescriptive term in the same way in all cases. Also, it should be mentioned that the rights arising from pension acknowledgement do not prescribe.
4. ¿What is the reality prevail principle?
It is a principle applied in the Labor Law field as protection criteria, which basically consists that in case of discrepancies between the reality and formalities, what takes place in reality must prevail. This principle is used as protection for the worker towards any abuse from the employer.
5. ¿What is ius variandii?
Is the prerogative held by the employer to unilaterally modify the conditions of the work agreement, provided that such changes cannot affect the employee´s human dignity.