Law 1857 of 2017 establishes a benefit aimed at strengthening and ensuring the comprehensive development of the family as the fundamental nucleus of society. This benefit consists of employers being required to facilitate, promote, and manage a semi-annual working day so that their employees can enjoy activities with their families.
Accordingly, it could be said that there are several viable options for the employer to implement or grant this permission to the worker, including the following:
- The employer may coordinate with the family compensation fund to which the workers are affiliated in order to grant them a day of recreation with each of their families.
- The employer may hold an event to celebrate Family Day, in accordance with its own guidelines, resources, and at a location it designates for such purpose.
- They may adjust working hours to allow workers to be closer to their families and fulfill their duties of protection and accompaniment. This adjustment applies to spouses or permanent partners, minor children, relatives up to the third degree of consanguinity, and persons with disabilities or dependency.
The employer must allow workers to have time with their families without affecting rest days and without establishing a supplementary schedule. Furthermore, Family Day must be assigned on a working day within the worker's regular schedule.
It is important to note that this benefit is not an unpaid leave or vacation, but rather a worker's right that must be agreed upon with the employer and is mandatory, regardless of the number of workers the company has.
On the other hand, it is necessary to highlight that Article 6 of Law 2101 of 2021 on the semi-annual Family Day working day provided:
During the period of gradual implementation contained in Article 3 of this law, the working day dedicated exclusively to recreational, cultural, sports, or training activities shall be adjusted proportionally by mutual agreement between employee and employer. Once the gradual implementation period has ended, the exoneration of the first paragraph of this Article shall apply.” (Bold added)
As can be seen, the norm indicates that employers will be exempted from two of their obligations, namely:
- The semi-annual Family Day working day ordered in Article 3 of Law 1857 of 2017.
- The activities dedicated to recreation, culture, sports, or training ordered in Article 21 of Law 50 of 1990.
Based on the foregoing, it is understood that if the employer decides to reduce the maximum legal working day automatically, it will be immediately exempt from these two obligations. However, if the employer chooses to gradually reduce the working day, these obligations will remain in force and will be established by mutual agreement between the worker and the employer. Once the employer has fully implemented the maximum legal working day gradually, the exemption from these obligations will apply.