In a ruling of 13 January 2021, the Court of Cassation applied a long-standing judicial solution in the area of moral harassment to the matter of discrimination, stating that an employee who reports acts of discrimination may be dismissed on this ground when he was aware of the false nature of the facts reported.
There is less than a month left before the publication of the Professional Equality Index 2021 for all companies with 50 or more employees. These companies must also send their overall equality index score and indicators to the Labour Administration and to their works council (CSE).
Colombia will begin applying a Temporary Protection Statute for Migrants, which aims to regularize about a million Venezuelans who have arrived due to their country’s humanitarian crisis.
Decree 039 of February 2, 2021 ordains the end of the “red alert” for Intensive Care Unit occupancy in hospitals in Bogotá as occupation rates for ICU drop 5% and hospitalization decreases 20%. Consequently, early termination of local quarantines is ordered, and the reopening of school and shops is permitted.
In recent months, three different variants of SARS-CoV-2 have been reported to the World Health Organization in other countries, including Brazil. Therefore, to avoid transmission, entry of passengers from Brazil is suspended as of January 29, 2021.
On December 17, 2020, the National Directorate of Taxes and Customs (DIAN) published on its website a Resolution Project for which the functionality of the electronic payroll as support document is implemented. The project awaits comments from the National Government.
Colombian Congress issued Law 2069 of 2020 (best known as “Entrepreneurship Law”), which aims to impulse entrepreneurship in Colombia. The new law includes some relevant changes regarding labour law, such as reducing requirements for independent workers to join family compensation funds; decreasing the number of founding partners needed to create worker cooperatives; regulation of remote work and dispositions to increase labour productivity and business reactivation, and more.
Eleven national departments including the National Development and Reform Commission and the Ministry of Transport released the Opinions that encourage employees to avoid the travel rush and stay put to celebrate the Chinese New Year holidays.
The PRC Employment Contract Law prescribes that the employer and employee cannot agree on liquidated damage borne by the employee unless for employee’s violation of service or non-competition obligation. However, the People’s High Court of Guangdong Province recently held the employee liable to pay liquidated damage for breach of confidentiality obligation.
The enactment of a new immigration Law in Chile is still pending. The Law, among other things, will implement changes in the current system of granting visas that allow foreigners to work in Chile as well as in the subcategories of visas.