What is it?
The Group of Women Labor Inspectors has been established through Resolution 4607 of 2022, with the aim of preventing gender-based violence, reducing the gender gap in the workplace, and protecting the labor rights of female workers, LGBTI individuals, and vulnerable groups. This resolution is based on international standards, such as the Universal Declaration of Human Rights, and national regulations, such as the Political Constitution and the Substantive Labor Code. Additionally, it is inspired by Law 731 of 2022, which promotes the well-being of rural women. Resolution 4607 seeks to raise awareness and, ultimately, sanction non-compliance with these provisions.
Functions:
The functions of the Group of Women Labor Inspectors include conducting random inspections at workplaces, carrying out inspection campaigns for employers, providing labor guidance with a gender perspective to employers and female workers, activating the care pathway in cases of violations, implementing urgent measures, preparing reports on discrimination and violence experienced by women and LGBTI individuals, conducting labor inspections with a gender perspective in formal and informal settings, and fulfilling other functions established by law.
Priority sectors for inspection:
Likewise, certain sectors are prioritized in inspections, such as the export sector, specifically coffee, and female workers in flower crops. It also focuses on female workers on virtual platforms, rural sectors, sex workers, and webcam models, border areas to prevent trafficking and sexual exploitation, the commerce sector, beauty service workers, migrant workers, the care/health sector, workers in bars, restaurants, and cafeterias, the tourism sector, as well as any other sector identified as a priority.
What should employers and workplaces consider?
The gender perspective aims to ensure full access to labor rights for female workers, LGBTI individuals, people with diverse sexual orientations and genders, as well as vulnerable groups. Despite progress, situations of discrimination and harassment persist that hinder their entry, permanence, and advancement in the workplace. The goal is to eliminate these barriers and promote equal opportunities at work.
Labor inspections with a gender perspective refer to preventive assistance, occupational risks, labor standards, procedures; they may have a preventive, ex officio, or reactive origin and can be conducted in a fixed or mobile manner, covering both the private and public sectors.
They encompass areas such as recruitment, selection, remuneration, promotion, career development, training, access to opportunities, attention and prevention of gender-based violence, work-life balance, occupational health and safety, non-sexist communication and inclusive language, and modification of working conditions.
Employers, as preventive actions, should consider compliance with current regulations on discrimination against women, such as Article 10 of the Substantive Labor Code, which deals with equality of male and female workers, non-discrimination, equal pay, and avoiding violence against women; Judgment T-071 of 2007, which prohibits requiring pregnancy tests from women in their selection process or for their permanence; Law 823 of 2003, which guarantees equity for women; Law 1010 of 2006, which adopts measures to prevent, correct, and sanction workplace harassment; Law 1257 of 2008, which urges the prevention of violence and discrimination against women; and the measures set forth in Decree 4463 of 2011. In typically male-dominated sectors, parity in hiring is recommended, with 50% women and 50% men.
It is important to highlight that in pursuit of the labor integration of women victims of domestic violence, it is noted that companies will have incentives for hiring these women, pursuant to Decree 2733 of 2012. If, during the labor inspection, it is found that the aforementioned regulations have not been complied with, the Ministry of Labor will issue recommendations that must be followed, since, if not, the company will be subject to sanctions.