Decree 2225 of 2022 establishes new support for the unemployed, caregivers, and mothers or fathers who are heads of household, within the framework of the family subsidy social benefit and strengthening of the National Employment System, as well as the creation of new obligations on the employer in the context of job creation.
We will develop this topic in two items:
- On the new benefits for the unemployed.
Decree 2225 of 2022 brings with it the modification and recognition of four economic benefits for the unemployed worker and their family.
To access the economic benefits, Article 3 of Law 1636 of 2013 maintains the requirements for recognition of benefits, which are: (i) if dependent, making contributions to the family compensation fund continuously or discontinuously for one year within the last three years, and (ii) if independent, making contributions to the family compensation fund continuously or discontinuously for two years within the last three years. The requirements contemplated are:
The first benefit is the payment of contributions to the Social Security system for pension and health. These contributions are made on a current legal monthly minimum wage, at the expense of FOSFEC, for a maximum period of six (6) months from acceptance as an unemployed beneficiary.
This contribution, if the unemployed person so wishes, may be made for a higher amount, in which case the difference in value must be assumed by the beneficiary. Likewise, if the unemployed person voluntarily made savings in the Unemployment Protection Mechanism, they will receive monetary benefits proportional to the amount saved, at the expense of FOSFEC.
The second benefit is the economic recognition equivalent to one point five (1.5) current legal monthly minimum wages, for contributors in categories A and B of the family subsidy system, recognized for four (4) months in a decreasing manner as follows: (i) a first payment equivalent to 40% of 1.5 SMMLV, (ii) a second payment equivalent to 30% of 1.5 SMMLV, (iii) a third payment equivalent to 20% of 1.5 SMMLV, and (iv) a final fourth payment equivalent to 10% of 1.5 SMMLV.
This economic recognition is at the expense of the sub-account for economic benefits of the Solidarity Fund for Employment Promotion and Unemployment Protection – FOSFEC. It does not constitute a guarantee of the vital and mobile minimum, and its continuity in recognition will depend on the budget availability, since the Nation is not the guarantor of the payment of this subsidy.
The third benefit is the monetary quota for the spouse or permanent partner of the member who does not have an employment relationship or any income and performs caregiving activities regarding any person in the worker's charge.
For the recognition of said benefit, a caregiver of a dependent person is considered to be someone who supports the performance of basic tasks of daily life for a person with a disability duly certified by the EPS, who autonomously and independently could not perform them.
The fourth benefit is the automatic affiliation to the Family Subsidy System as pensioners by the Family Compensation Funds, for those workers who prove loyalty, having been affiliated for 25 years to the family subsidy system. This affiliation will be made at the time the worker acquires pensioner status, either through their AFP or ARL, having the right to training, recreation, and social tourism at the lowest rate of the Compensation Fund.
Benefits at the expense of FOSFEC may not be received by: (i) unemployed workers who have received or are actively receiving benefits from the Fund, and said benefits have been recognized for six (6) continuous or discontinuous months during the last three (3) years, (ii) those who through simulation or deception obtain any benefit from FOSFEC, after a judicial ruling by competent authority. In cases where the Family Compensation Fund becomes aware of such actions, it must forward copies to the competent authority, and (iii) unemployed persons who have been assigned and transferred benefits from the Solidarity Fund for Employment and who, after four (4) months, have not claimed them.
Engaging in any activity from which remuneration is obtained generates incompatibility with the recognition of any of the benefits. Likewise, for items 1 and 2, they will lose the benefit and must return the transferred value, including the value of social security contributions.
- On employment promotion.
Regarding employment promotion, Law 2225 of 2022 establishes that Family Compensation Funds may provide employment management and placement services to the entire population that does not meet the requirements to access unemployment benefits.
Understanding employment management and placement services as those activities that facilitate the meeting between labor supply and demand, leading to the improvement of employability conditions and mitigating barriers to access and permanence in employment.
Likewise, employers must report vacancies to the Public Employment Service, indicating the placed candidates or, in case of non-hiring, the reasons why there was no hiring. This report must be made within six (6) months of the referral made by the provider.
Due to the promotion of rural hiring, the agency will monitor the evolution of the company that offered the vacancy. It also allows companies to request training from SENA that improves labor practices and the generation of sustainable employment.
Nataly Muñoz P. – AZC CONSULTING ATTORNEY