The indefinite-term contract in Colombia is a very important labor figure for both employers and employees since it provides stability and job security. This type of contract differs from other types of labor contracts because it does not have a pre-set termination date, which provides greater job stability for the employee.
Definition of the indefinite term contract in Colombia
The indefinite term contract is a type of labor contract in Colombia that is entered into without establishing a specific date for its completion. It means, it is a contract that is entered into with the intention that the employee works for the company permanently, as long as the conditions established in the contract are met.
In this type of contract, a specific duration is not established, so it is understood that the employee can work for the company for as long as necessary. Therefore, the indefinite-term contract provides job stability to the employee and grants him certain rights and benefits.
Obligations of the employer and the employee in an indefinite term contract
Both the employer and the employee have rights and obligations in an indefinite term contract. These rights and obligations are established in Colombian labor law and must be respected by both parties.
Among the obligations of the employer in an indefinite term contract are:
- Pay the salary agreed in the contract, as well as the other labor benefits to which the employee is entitled.
- Provide the necessary tools and resources for the employee to perform their work efficiently.
- Guarantee the safety and health of the employee in the workplace.
- Respect the labor rights of the employee, such as the right to paid weekly rest, vacations, sick leave, among others.
On the other hand, the employee also has certain obligations in an indefinite term contract, such as:
- Comply with the functions and responsibilities established in the contract.
- Attend work punctually and maintain proper conduct in the workplace.
- Comply with the rules and regulations of the company.
- Maintain the confidentiality of company information.
Grounds for termination of the contract for an indefinite term
Although the indefinite term contract does not have a specific end date, it can be terminated for some specific reasons. These grounds are established in Colombian labor law and must be respected by the employer.
Some of the causes for termination of the indefinite term contract in Colombia are:
- Mutual agreement between the employer and the employee.
- Voluntary resignation of the employee.
- Serious offenses committed by the employee, such as breach of their labor obligations, workplace or sexual harassment, theft, among others.
- Subjective causes, such as the inability of the employee to perform his duties, the violation of contractual good faith, among others, are very delicate and can generate legal controversies. It is important that the employer have compelling evidence to justify the termination of the contract in these cases, since otherwise, the employee could sue for unfair dismissal.
Compensation for termination of the contract for an indefinite term
On the other hand, it is important to note that the termination of the contract for an indefinite term does not necessarily imply compensation for the employee. Only in cases where the employer decides to terminate the contract without just cause, he must pay compensation to the employee in accordance with the norms established by law.
The calculation of the indemnity for termination of the indefinite term contract in Colombia depends on several factors, such as the employee’s length of service, salary and other labor benefits. In general, the compensation is equivalent to 30 days of salary for the first year of work and 20 days for subsequent years for salaries less than 10 minimum wages; for higher salaries, the compensation will be 20 days for the first year of work and 15 for the subsequent years.
It is important that the employer is up to date with all his labor obligations and complies with the procedures established by law to avoid lawsuits for unfair dismissal or non-payment of compensation.
Conclusion
In conclusion, the indefinite term contract is a widely used contracting modality in Colombia that offers job stability to employees. However, employers must be aware of the obligations and rights of both parties to avoid legal problems and ensure a fair and equitable work environment.
The registration of a company can be a complex process and requires adequate accounting advice in Colombia to guarantee compliance with all established regulations and procedures. If you are interested in establishing a company in Colombia, it is advisable to seek the advice of experts in the field to guarantee the success and legality of your venture.
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