Employees’ Rights in Case of a Transfer of Undertaking
In case of a transfer of undertaking, the employment contract is not terminated, suspended or modified as long as there are no substantial changes in the activities of the new employer. Therefore, the employees have the right for their contract to remain with the same conditions, salary, working time, benefits and the seniority they were entitled to before the transfer took place.
As the transferred is liable for all labour rights of the predecessor, the employee can claim the labour rights that he was entitled to before the transfer took place, from either his previous employer or the new one.
Requirements for Predecessor and Successor Parties
Colombian labour law does not provide any special requirement from a labour point of view, for a transfer of undertaking to take place. The parties of the transfer can agree to any modifications of their own relations, as long as these agreements do not affect the labour rights of the employees.