All Colombian workers, regardless of the modality by which they have been hired (fixed term, indefinite, for days, etc.) have the right to be immediately paid all the wages owed to them at the end of the employment relationship – if the any- and the social benefits that may have been caused.

This means that regardless of the cause of termination of the contract, that is, if the worker resigned or if they were fired, with just or without just cause, the Employer must immediately proceed to cancel the severance pay, interest on severance pay, vacations not taken. and service bonuses. It is important to establish that these rights are caused proportionally to the time worked and must be calculated and paid based on the worker’s real salary, that is, with everything that he or she receives monthly as a direct consequence of the work performed, unless expressly and for In writing, the parties had agreed that some values ​​would not constitute salary.

WHAT HAPPENS IF THE EMPLOYER DOES NOT PAY THE FINAL SETTLEMENT OF SOCIAL BENEFITS?
In the event that the Employer does not immediately pay the concepts described above, he will have to pay a penalty in favor of the Worker, equivalent to one day’s salary for each day of delay, until the effective payment of the amount owed is confirmed. However, for the Worker to be able to benefit from this sanction, it is important that, if necessary, he / she files the corresponding lawsuit before the labor judges at the latest within two years after the end of the employment relationship.

If the worker does not file the claim in the time indicated above, he will lose the right to claim the aforementioned sanction and may only claim default interest.

WHEN SHOULD INDEMNITY BE PAID?
If the Employer terminates the employment contract unjustifiably or if the Worker resigns due to fault attributable to the Employer, compensation will be generated in favor of the Employer, which must also be paid immediately. If the contract was for a fixed term, the compensation will correspond to the value of the wages corresponding to the time remaining to fulfill the stipulated term of the contract; or the period determined by the duration of the work or the contracted work, in which case the compensation will not be less than fifteen (15) days.

If the contract is for an indefinite term, the compensation will be paid as follows:

a) For workers who earn a salary less than ten (10) legal monthly minimum wages: thirty (30) days of salary will be paid when the worker has a time of service not exceeding one (1) year. If the contract exceeds one year, you will be paid 30 days for the first and twenty (20) additional days of salary for each of the years of service subsequent to the first and proportionally by fraction;

b) For workers who earn a salary equal to or greater than ten (10), the legal monthly minimum wages, the compensation will correspond to twenty (20) days of salary when the worker has a time of service not exceeding one (1) year. If the contract exceeds one year, you will be paid twenty (20) days for the first and fifteen (15) additional days of salary for each of the years of service subsequent to the first and proportionally by fraction.

WHAT IF THE EMPLOYER DOES NOT WANT TO PAY SOCIAL BENEFITS OR INDEMNIFICATION?
In the event that the Employer refuses to cancel the final settlement of social benefits or compensation, the Worker must initiate the pertinent legal actions. In the first place, you can go to a Labor Inspector to try to reconcile the existence of the amounts owed and the conditions for their payment. In the event that the conciliation fails, a claim must be filed with the labor judges.

If you have questions about your settlement or about the exercise of legal actions, do not hesitate to contact us.

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