In principle, it is relevant to mention that the formal linking of a worker to a company is carried out exclusively through the execution of an employment contract. As established in Article 22 of the Substantive Labor Code, said contract constitutes an agreement of wills whereby a natural person commits to provide a personal service to another natural or legal person, in a context of continuous subordination, in exchange for remuneration for the aforementioned service provided by the worker.
In that sense, when proceeding with the hiring of a worker, it is imperative to take into consideration various aspects, which will be detailed below:
In the first place, it is essential to have a clear determination of the type of contract that will govern the employment relationship, since there are various contractual modalities contemplated in labor regulations. Among them are contracts for specific work or labor, fixed-term or indefinite-term contracts, as well as apprenticeship contracts, applicable specifically in the case of apprentices.
Secondly, rigorous attention must be paid to current labor regulations, especially regarding the minimum wage established by Law. It is imperative to keep in mind that said minimum wage is adjusted annually according to the Consumer Price Index (CPI). It is important to note that no employment relationship may stipulate a salary remuneration lower than the current legal monthly minimum wage, except for contracts with part-time or half-time schedules.
Furthermore, it must be taken into account that the maximum working day currently established is 48 hours per week, with the right to one day of paid rest. It is relevant to note that, in accordance with the provisions of Law 2101 of 2021, the working day has been reduced to a maximum of 42 hours per week. This reduction may be applied progressively or automatically.
Likewise, it is essential that the employer complies with the obligation to guarantee the worker the legally established social benefits, such as bonuses, severance pay, interest on severance pay, and vacations. Similarly, it is the employer's responsibility to make timely payment of the Social Security of its workers, which covers health, pension, and occupational risk coverage. It is highlighted that once three months have elapsed since the worker's linking to the company, provided that their remuneration does not exceed two current legal monthly minimum wages, the employer has the obligation to provide the worker with the respective work uniform.
Jointly and in relation to the formalities that must be fulfilled when signing an employment contract, it is important to take into consideration that, although the contract may be entered into verbally, it is recommended that it be formalized in writing, with the purpose of clearly and precisely establishing the agreed conditions and providing legal certainty to the employer. In said contract, essential elements such as the position held, the agreed remuneration, as well as the obligations and responsibilities inherent to the worker must be detailed. The written formalization of the employment contract provides greater legal certainty to both parties and avoids possible controversies in the future.
In relation to the selection process through which the hiring of the worker will proceed, an aspect to consider is the need to carry out a fair and transparent process. It is highly recommended to conduct a personal interview to obtain direct knowledge of the worker to be hired. Likewise, it is suggested to carefully evaluate the skills of the future worker, as well as to review the references corresponding to their previous jobs, in order to ensure that the worker's references in similar positions are favorable. All this with the purpose of projecting and guaranteeing that the results in the company will be satisfactory.
Similarly, the employer is urged to take into consideration, when proceeding to hire a worker, strict compliance with regulatory provisions regarding occupational safety and health, with the purpose of ensuring a safe work environment and safeguarding the physical and mental integrity of employees. Likewise, it is suggested to carry out entry examinations, which, although not mandatory, contribute to mitigating possible risks for the company. Finally, it is recommended to pay attention to the medical restrictions and recommendations that workers may have, carrying out continuous monitoring of their evolution and allowing them to perform their duties optimally. If necessary, it is suggested to adapt jobs to meet their specific medical needs.