He Substantive Labor Code in Colombia regulates all aspects related to labor between the parties to the contract, for which reason the employee’s obligations are stipulated based on the fact that the employee does not comply with his duties and entails a Possible job suspension.
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The suspension of the contract is a mechanism that allows stopping the effects of an employment contract, without terminating the employment relationship between the parties; during the suspension period, the worker stops rendering his services and the employee is not obliged to pay the corresponding salary.
You can also read: These are the effects of the suspension of a labor contract
Causes of suspension of employment contract in Colombia
The contract can be suspended taking into account article 51 of the Substantive Labor Code.
Article 51 of the Substantive Labor Code establishes the causes for which the employer can make the decision to suspend the employment contract and are the following:
– Due to force majeure or fortuitous event that temporarily prevents its execution.
– Due to the death or disability of the worker, when this is a natural person and when this brings as a necessary and direct consequence the temporary suspension of work.
– Due to suspension of activities or temporary closure of the company, establishment or business, in whole or in part, for up to 120 days for technical or economic reasons or others independent of the will of the worker, with prior authorization from the Ministry of Labor and Social Security.
Of the request that is raised in this regard, the employee must simultaneously inform their workers in writing.
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– By license or temporary permit granted by the employee to the worker or by disciplinary suspension.
– For being called the worker to provide military service. In this case, the employee is obliged to keep the worker’s position for up to 30 days after the end of the service. Within this term, the worker can return to his tasks, when he considers it appropriate, and the employee is obliged to admit it as soon as he manages his reinstatement.
– For preventive detention of the worker or for correctional arrest that does not exceed eight days for which cause does not justify the termination of the contract.– Due to a declared strike in the manner provided for in the Law.
Also read: Should you be given a copy of the documentation when you sign an employment contract?
It is important to bear in mind that each type of suspension must comply with a series of requirements and procedures established by law, in addition, there may be other specific forms of suspension in labor contracts or agreements, depending on the activity or sector.
Existing labor contracts in Colombia
ALEJANDRA HERNANDEZ TORRES
DIGITAL SCOPE WRITING
TIME