In this opportunity and as an update of relevant aspects in labor matters, we inform you about the changes in the extended maternity leave (paternity leave), annual CPI of 2024 decreed by DANE and Resolution 6072 on high risk contributions for the special old age pension.
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Press Release No. 53 of December 4 and 5, 2024 - Changes in extended maternity leave (paternity leave)
By means of Law 2141 of 2021, it was determined that the dismissal of any worker whose spouse, partner or permanent partner was pregnant or within 18 weeks after childbirth and did not have a formal job was prohibited. For such purposes, the regulation determined that the protection was activated with the notification to the employer of the pregnancy status and a declaration that the spouse, partner or permanent partner did not have a formal job.
However, through Press Release No. 53, the Constitutional Court announced that through Ruling C-517 of 2024 -which has not yet been published- it declared the unconstitutionality of the expressions "and does not have a formal job" and "and a declaration, which is understood to be presented under oath, that she does not have a job", contained in Article 1, paragraph 5 of Law 2141 of 2021.
In the Communiqué, the High Constitutional Court brought up the following analysis:
For the Court, paternal privilege is based on the idea that men should assume, with equal family responsibilities, the raising of children, the time spent caring for them, the sharing of tasks and economic support, and not on the idea that it is the man who should be financially responsible for the woman, which is a paternalistic and patriarchal conception.
Finally, the Full Chamber, referred to the normative scope of Article 1° of Law 2141 of 2021 and of Ruling C-005 of 2017, as relevant precedent, and concluded that the expressions "and does not have a formal job" as well as "and a statement, which is understood to be presented under oath, that she lacks a job", are unconstitutional, since they introduce discriminatory treatment with respect to workers who effectively share gestation and upbringing with women who have formal employment. He stated that the purpose of the paternal privilege is for the father and mother to assume the responsibilities of care, regardless of their economic conditions, and that the labor systems should introduce, as a dimension of work in decent and fair conditions, mechanisms of equitable redistribution in the upbringing of children.
Although the full text of the sentence is not yet known, what is certain is that the declaration of unenforceability of the indicated paragraphs implies that in order for a worker whose spouse, partner or permanent partner is pregnant to be entitled to paternity leave (extended maternity), it is NOT required that the mother does not have a formal job or that, as is commonly analyzed, she is a beneficiary of this in the general health system.
An analysis of this ruling can be found in the article published by Semana Magazine, written by one of the firm's lawyers, by clicking here.
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CPI Annual Variation in 2024
On January 9, 2025, DANE published the annual variation of the CPI, which was set at 5.20%, that is, 4.08 percentage points lower than the variation reported in the same period of the previous year, which was 9.28%.
The annual behavior of the total CPI was mainly explained by the annual variation of the housing, water, electricity, gas and other fuels and restaurants and hotels divisions.
To read DANE's press release, click here.
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Resolution 6072 of 2024
On December 26, 2024, Resolution 6072 of 2024 was issued, establishing the application of the criteria of the Constitutional Court regarding the continuity of the rights and guarantees of workers who carry out high-risk activities contemplated in Decree 2090 of 2003 for the special old age pension.
The Resolution applies to all employers, public or private companies, contractors, contractors and dependent workers affiliated to the General Pension System in Colpensiones in high risk activities for special pensions.
In this regard, Article 3 states that the weeks contributed for special pensions for high-risk activities are as follows:
1. Those who at the date of entry into force of Decree 2090 of 2003 have contributed at least 500 weeks of special contribution, shall be entitled to have these weeks recognized under the same conditions established in the previous regulations governing high-risk activities, once the minimum number of weeks required by Law 797 of 2003 for access to the pension has been fulfilled.
The 500 weeks of special contribution may be credited in any activity that has been classified as high risk.
2. Those who during the term of Decree 2090 of 2003 have contributed at least 700 weeks of special contribution and are permanently engaged in high-risk activities, whether continuous or discontinuous, shall be entitled to the special old age pension.
Likewise, the Resolution specifies that workers who are currently affiliated in activities defined as high risk will continue to be covered by said special regime in charge of Colpensiones with all the rights and guarantees established in Decree 2090 of 2003, and must continue to pay the amount of the special contribution for high risk activities provided in Law 100 of 1993, that is, plus 10 additional points to be paid by the employer.
Workers whose contracts have been suspended before December 31, 2024 and who have made contributions to high-risk pensions will continue to be covered by this plan, provided they comply with the requirements established for access to the corresponding benefits.
Finally, the regulation determined that the high-risk activities defined in Article 2 of Decree 2090 may maintain the current pension contributions of the workers employed as of January 1, 2025 until a new law regulating pensions for these activities is enacted.
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