What Are an Employee's Rights When Terminated in Colombia?
When an employee is terminated in Colombia, it's essential to understand what rights they are entitled to under national labor laws. Whether the dismissal is justified or not, knowing your labor rights helps ensure a fair process and proper compensation.
Types of Dismissal
Colombian labor law recognizes two main types of employment termination:
- Justified Dismissal (Despido con Justa Causa): Occurs when an employer has a legal reason supported by documentation.
- Unjustified Dismissal (Despido sin Justa Causa): Occurs when a contract is ended without valid legal grounds.
Employee Rights After Termination
Depending on the type of dismissal, employees may be entitled to:
- Severance Pay (Indemnización): Compensation based on salary, tenure, and contract type.
- Final Paycheck: Including all unpaid wages, accrued vacation, and bonuses.
- Social Security Payments: Employers must ensure all contributions are up to date.
- Certification of Employment: A legal right under Colombian law.
- Unemployment Benefits (Cesantías): Paid into a separate fund, accessible after job loss.
Special Protections
Some employees enjoy enhanced protections against termination:
- Pregnant women and new mothers
- Employees on medical leave
- Unionized employees or union leaders
What to Do if You Were Wrongfully Terminated
- Request written documentation of the termination reason.
- Seek legal advice immediately to evaluate the case.
- File a labor claim within the statute of limitations (usually 3 years).
Conclusion
Knowing your rights is the first step toward fair treatment in the workplace. Colombian labor laws are designed to protect both employees and employers, but navigating them requires clear understanding and legal expertise.
Were you recently dismissed? Don't let uncertainty take over. Schedule your appointment today with Paez Parra Abogados to review your case and understand your rights.