Labor Conciliation in Colombia

Conciliation in Colombia is a mechanism that can be used by employees or employers to resolve conflicts or prevent them from occurring. Conciliation can only address disputable and uncertain rights; otherwise, it will not be valid.

This mechanism can be requested by either the employer or the employee and must be carried out before a Conciliation Center authorized by the Ministry of Justice and Law. The advantages of conciliation in labor matters are:

• It is a faster and more economical process than a labor lawsuit.

• The parties can reach an agreement that satisfies their interests and needs.

• The agreement is binding and has the same legal force as a judicial ruling.

For the conciliation process to take place, the following requirements must be met:

• Willingness of the Parties:

Both parties must be willing to participate in the process.

• Competence:

The conciliator must be competent and knowledgeable in labor law to mediate effectively between the parties and reach a fair agreement for both.

• Confidentiality:

The conciliation must take place in a private and confidential setting, where the parties can freely express themselves and explore different solutions without fear of information being disclosed.

• Impartiality:

The conciliator must be impartial and have no interests in any of the parties, ensuring that the process remains objective and fair.

• Flexibility:

This process should be flexible and allow the parties to explore various options without being limited to a single solution.

• Legality:

The agreement reached by the parties must comply with the laws and regulations in force.

• Information:

The parties involved in the conciliation must be well-informed about their labor rights and obligations to make informed decisions during the process.

The step-by-step process for conducting the conciliation is as follows:

1. Identify the Conflict:

The problem or conflict must be clearly identified.

2. Call for Conciliation:

The parties involved must be called to the conciliation. The call can be made by a competent authority (such as the Ministry of Labor) or by one of the parties involved.

3. Conciliation Meeting:

This meeting is led by the conciliator, during which the parties present their viewpoints and proposals, if any, to reach a solution.

4. Negotiation:

At this stage, the parties negotiate and seek common ground that allows them to reach an agreement. All proposals must be analyzed and discussed to ensure a fair agreement for both sides.

5. Agreement:

If the parties reach an agreement, it must be documented in writing and signed by all parties involved. The terms and conditions of the agreement should be explicitly stated.

6. Compliance:

Both parties must comply with the terms outlined in the agreement.

It is important to emphasize that conciliation is a voluntary process, and its success depends on the willingness and disposition of the parties to reach an agreement.

References

• Labor Conciliation – Requirements and Effects / Gerencie.com. (n.d.). Conciliación laboral — Requisitos y efectos | Gerencie.com

• Editorial La República S.A.S. (2023, August 1). Conciliation in Labor Matters. La Conciliación en Temas laborales | AsuntosLegales.co

• Law 640 of 2001. (2001, January 24). Senate Secretariat. http://www.secretariasenado.gov.co/senado/basedoc/ley%5F0640%5F2001.html