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Legal Trends
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In recent years, AZC has evolved from consolidating a strong presence in Colombia to providing global solutions to our clients through strategic allies who have become...
Legal TrendsLearn the Differences Between SOAT and Comprehensive Insurance
It is very common nowadays for confusion to arise about the types of insurance available in the market for vehicles. For this reason, when traffic accidents occur, people do not know which entity to turn to and end up, for example, requesting payment for vehicle damages from the insurer with which they contracted the SOAT.
Legal TrendsTort Liability Policies for Owners and Keepers of Special Handling Canines.
Through Decree 380 of 2022, which came into effect on March 16, 2022, the Ministry of National Defense adds to Decree 1070 of 2015 and regulates the National Code of Security and Citizen Coexistence regarding special handling canines...
Legal TrendsDo You Know the Deadline to File an Unfair Competition Claim?
Pursuant to Article 23 of Law 256 of 1996, the unfair competition action prescribes two years from the time the claimant became aware of the author of the unfair competition act and, in any case, three years from the commission of such act.
Legal TrendsKNOW THE PARAMETERS FOR THE PROTECTION OF CHILDREN IN A STATE OF SPECIAL VULNERABILITY
Law 2174 of 2021 aims to provide special protection to minors who are in the terminal stage of an illness or condition, guaranteeing the right...
Legal TrendsCircular 003 of 2022 issued by the Ministry of Labor
1. How should I proceed or what should I do with individuals who do not require vaccination? A// First of all, it should be noted that, at present, forcing a worker to get vaccinated is not a recommended action, as it could constitute a violation of fundamental rights enshrined in the Political Constitution of Colombia. Regarding Circular 003 of 2022, it states that employers must require their workers to present vaccination cards with the complete schedule. However, it also states that, within the framework of social responsibility, self-determination, and personal autonomy, they should take into account that vaccination not only constitutes a preventive measure for the individual but also a health measure to prevent spread. Similarly, the aforementioned Circular indicates that the means by which they must 'verify' must conform to the provisions of Circular 047 of 2021, which should have been integrated into the OSH. Circular 047 of 2021 states that vaccination must be promoted by the employer through the generation of benefits or rewards for its completion and/or application. It is worth noting that the Ministry of Labor's circulars are guides to actions that can be implemented, but they are not lacking in requirement and mandatory compliance. Likewise, their issuance does not generate new actions considered as faults or actions subject to sanction. 2. Can I terminate the contract or sanction? A// It is suggested that in the event of contract termination, it should be without just cause, if the intention is not to continue with this person, or if the lack of vaccination creates an impediment to the normal development of assigned functions, in which case it is not suggested to comment on the lack of vaccination. 3. Can I sanction? A// Under the premise of absence of the vaccination schedule, it is not suggested to apply any type of sanction. However, it would be necessary to study the possibility of carrying out a disciplinary procedure for non-compliance with OSH policies, reiterating that the absence of the vaccination schedule is not a cause for contract termination.
Legal TrendsDeadline Begins to Update Credit History in Credit Bureaus
After constitutionality was confirmed and with the pertinent presidential sanction, the rule that modifies and adds to the Statutory Law on 'Habeas Data' (Law 1266/08) came into force in Colombia....
Legal TrendsWill the National Government Be Able to Use Balances from Inactive Accounts?
In the plenary session of the Senate of the Republic of Colombia, in October 2021, the budget law for the year 2022 was approved, which includes in Article 79 a provision for the transfer of inactive funds in savings accounts to the national treasury in order to finance the general budget. However, this mere legal determination raises a series of doubts and uncertainties within the Colombian legal framework, the financial consumer statute, and the very proposals for the transparent and responsible management of the nation's resources.
Legal TrendsUnemployment rate stood at 14.3% in July 2021
September 3, 2021 According to DANE, at the national level, the month of July 2021 ended with an employed population of 20.9 million people, which represented...
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