Internal Work Regulations Advisory in Colombia

### RIT The [Internal Work Rules](https://serviciolegal.com.co/labor-law-and-pension-lawyers/?lang=en) is a document that contains the rules and policies to be followed by employees and employers in a company or entity. It is used to establish the obligations and rights of workers and to ensure compliance with labor laws in Colombia. It is regulated by the Substantive Labor Code and the Ministry of Labor has issued several resolutions and circulars establishing the guidelines for the preparation, approval and modification of these regulations. These regulations must be drawn up by the company or entity and must be in accordance with labor legislation. It must contain information on working conditions, working hours, breaks, vacations, remuneration, disciplinary measures and other provisions. It must also be approved by the Ministry of Labor, must be delivered to all persons working in the company and must be updated periodically to ensure that the policies and standards are in line with changes in labor legislation and the needs of the company or entity.  #### The Internal Work Regulations must contain: * Identification of the company or entity: it must contain the name of the company or entity, its corporate name and address. * Scope of application: it must indicate to which workers it applies and the conditions of entry and permanence in the company or entity. * Working day: it must establish the length of the working day, the working hours and the breaks to which workers are entitled. * Salaries and social benefits: it must establish the salary of workers and the benefits to which they are entitled. * Vacations: it must establish the rules that regulate employee vacations, including the duration and the way in which they are granted. * Leaves of absence and leaves of absence: it must establish the rules that regulate the leaves of absence and leaves of absence to which employees are entitled. * Disciplinary policies: must establish the sanctions and disciplinary measures applicable in the event of non-compliance with the rules of the internal work regulations. * Rights and duties: it must establish the rights and duties of workers, including respect for the rules of the company or entity.  ### Necessity and usefulness of RIT These regulations may contain other provisions that the company considers pertinent as long as they are in accordance with labor standards. The Internal Work Rules are necessary for companies for the following reasons: * Establish clear rules: having clear rules avoids conflicts and misunderstandings between workers and the company. * Ensure compliance with labor laws: the regulations must be in accordance with labor regulations, so that, through their preparation and compliance, respect for workers’ rights is guaranteed. * Promote a healthy work environment: the regulations establish guidelines for a healthy and productive work environment, which can improve the performance and well-being of workers. * Facilitating human resources management: these regulations can facilitate human resources management by establishing rules and policies governing labor relations and providing a guide for decision making. In Colombia, any employer employing more than 5 workers on a permanent basis in the case of commercial companies, more than 10 in the case of industrial companies or more than 20 in the case of agricultural, livestock or forestry companies. In the case of joint ventures, they must have it whenever they employ more than 10 workers on a permanent basis, as established in Article 105 of the Substantive Labor Code. ### **References:** * _Substantive Labor Code._ (n, f.). Senate Secretariat. <http://www.secretariasenado.gov.co/senado/basedoc/codigo%5Fsustantivo%5Ftrabajo.html#1> * _Internal Labor Regulations – Empitalito._ (n, f.). <https://empitalito.gov.co/es/reglamento-interno-de-trabajo/#:~:text=El%20Reglamento%20Interno%20de%20Trabajo,de%20los%20trabajadores%20al%20empleador> * _Internal work regulations._ (n, f.). com. <https://www.gerencie.com/reglamento-interno-de-trabajo.html>

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](https://serviciolegal.com.co/que-es-una-conciliacion-en-colombia/) 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](https://www.gerencie.com/conciliacion-laboral.html) - Editorial La República S.A.S. (2023, August 1). *Conciliation in Labor Matters.* [La Conciliaci&#xF3;n en Temas laborales | AsuntosLegales.co](https://www.asuntoslegales.com.co/analisis/carolina-porras-506661/la-conciliacion-en-temas-laborales-2045636) - *Law 640 of 2001.* (2001, January 24). Senate Secretariat. http://www.secretariasenado.gov.co/senado/basedoc/ley%5F0640%5F2001.html

Non-payment of Wages. Occasionally the employer for some reason fails to pay the salary on the date previously agreed with the employee in the contract, this payment can be weekly, biweekly or monthly. Failure to pay on the agreed date would generate the default, but as such, the Labor Code does not indicate a consequence or a penalty for the employer who does not pay wages to its workers in a timely manner, what it did stipulate in the Labor Code is that the employer must pay in a timely manner. [article 57](https://leyes.co/codigo%5Fsustantivo%5Fdel%5Ftrabajo/57.htm) of the same, in numeral 4, which establishes that the employer must “pay the agreed remuneration in the agreed conditions, periods and places”. Although there is no sanction stipulated in the CST, this does not mean that the breach of this obligation is without consequences, since, according to Article 62 termination of the contract for just cause, paragraph 6 of literal B establishes that the employee may terminate the contract for just cause for a “systematic breach without valid reasons by the employer, of its conventional or legal obligations”. From the [supreme court of justice in sentence 51999 of September 19, 2018](https://www.cortesuprema.gov.co/corte/wp-content/uploads/relatorias/la/bdic2018/SL5159-2018.pdf), we can state three specific conclusions, which consist of: * The amount of the salary for which payment has not been made is immaterial. * The delay need not be months. * Payment after the termination of the contract does not cure the cause of termination.  Now, if the salary is not paid at the agreed times, then there would be a natural breach of the labor contract, which leads to the employee having the right to resign with just cause, this constitutes an indirect dismissal which has as a consequence for the employer the payment of compensation. For this, the employee who decides to resign alleging as a reason or cause the delay in the payment of the salary, must indicate it in the resignation letter, because if he/she does not do so, he/she will not be able to allege the indirect dismissal. Although the law does not indicate how long the systematic noncompliance of the payment is configured, jurisprudentially it has been indicated that when the employer is occasionally one or two days late in the payment of the salary, the systematic and serious noncompliance of its obligations is not configured, which prevents the worker from resigning with just cause, it is necessary that this noncompliance is harmful to the worker, who requires his salary to subsist, therefore, the delay in the payment of his salary for a considerable time, for example in the time of a month would be harmful to him. There is also another possible consequence, which is that the employee may denounce the employer before the Ministry of Labor for non-compliance with its labor obligations and the Ministry of Labor, in the exercise of its functions, may impose a sanction, but it is true that this last option is less common. ### Expert Labor Lawyers If you have any questions about your labor contract or payroll payments, do not hesitate to contact us. At Servicio Legal, you get specialized advice in Labor Law.

Data protection policies are a set of rules and guidelines that establish how an organization or entity should handle and protect the personal information of individuals. These policies are designed to protect the privacy and intimate information of individuals, provide transparency in the processing of data and ensure that the data being processed is accurate and available only to those who need to use it for specific purposes. The protection of this data is a constitutional duty of public and private entities that process personal data. In Colombia, Law 1581 of 2012 and its regulatory decree 1377 of 2013 establish the legal framework for the protection of personal data. It is important to comply with these policies in Colombia because the law establishes that all organizations, public or private, that handle personal information of Colombian citizens must guarantee its adequate protection. Failure to comply with these standards may result in sanctions, with the possibility of fines of up to 2,000 legal monthly minimum wages and loss of reputation for the organization. Data protection consultancies refer to services provided by data protection professionals who advise organizations on how to implement effective data protection policies and comply with legal obligations. ### These consultancies may include: * **Compliance assessment:** A consultant assesses the current state of the organization’s data protection practices and determines whether it is in compliance with applicable laws and regulations. * **Design of policies and procedures:** The consultant helps the organization develop appropriate policies and procedures to protect personal data and comply with regulations. * **Training and awareness:** Training is provided to employees so that they understand the importance of data protection and how to handle personal information appropriately. * **Incident Management:** The consultant helps the organization establish response plans for potential data breaches and provides guidance on how to handle and report incidents. Professionals who can provide data protection consultancy services include lawyers specializing in data protection law. There are also specific data protection certifications and training programs that can accredit professionals in this area. ### Cybergraphy [ https://www.zendesk.com.mx/blog/tratamiento-datos-que-es/#:\~:text=The%20treatment%20of%20personal%20data%20for%20the%20legislation%20is%20referred%20to%20by%20law%20p%20p%C3%BApublic%20as%20private ](https://www.zendesk.com.mx/blog/tratamiento-datos-que-es/#:~:text=El%20tratamiento%20de%20datos%20personales%20para%20la%20legislaci%C3%B3n%20se%20refiere,de%20derecho%20p%C3%BAblico%20como%20privado). <https://www.minambiente.gov.co/politica-de-proteccion-de-datos-personales/> <https://www.atinternet.com/es/glosario/tratamiento/> <https://www.seguridadsuperior.com.co/proteccion-de-datos> <https://www.pherusabogados.com/la-importancia-los-datos-personales/> <https://consultoria.anexia.es/blog/la-importancia-de-la-proteccion-de-datos> <https://www.dataprotected.com.co/>