1. Fraud and impersonation of Temporary Services Companies by social networks

We inform our affiliates that malicious people have been using the name, logos and brand of temporary service companies in order to scam people seeking employment through social networks.

Scammers copy the EST name, brand and logo by opening fake social media profiles and posting job offers for mission workers; From the fraudulent profile, they require the candidate to pay a sum of money so that they can access the medical exams and the selection process, a value that they request to deposit in a savings account or transfer by means of a money order. In some cases, scammers have even copied and taken profiles of EST plant workers to post from fake accounts.

Therefore, we call on our affiliates to be very attentive to any suspicious activity that they observe on social networks about the collection of medical examinations for admission or collection to initiate selection processes, remembering that according to article 11 of Resolution 2346 of 2007 of the Ministry of Health, the collection of medical examinations to the worker is prohibited and in the same order, as established in article 95 of Law 50 of 1990, the employment intermediation service will always be provided free of charge for the worker.

In the event that it detects the impersonation of your brand, profile or information or the creation of false accounts or publications that illegally use the name of your company, you can report it to the Computer Crime Unit of the National Police or the Attorney General’s Office of the Nation, in order to safeguard the name of your company, help prevent theft, and lead to the capture of those responsible.

2. Jurisdiction in the RAIS

The pre-claimant jurisdiction consists of a protection established within the concept of reinforced job stability which aims to restrict the employer’s possibility of terminating the employment contract without just cause when the worker is 3 years from reaching the pension age and during this time you can add the weeks or the capital necessary to retire.

The Constitutional Court determined in judgment T-055 of 2020 that those workers in the private sector affiliated to the Individual Savings with Solidarity Regime (RAIS) who have completed the weeks required by law to access the guarantee will not be subject to protection under this jurisdiction. Minimum Pension, that is, 1,150

Therefore, to assess whether a person affiliated to the RAIS is pre-pensioned, it will be necessary to review whether they will meet the requirements to access the old-age pension in the three years after the termination; however, in the event that the worker completes enough weeks to access the minimum pension guarantee, he will not have job stability reinforced by pre-pension, since he already has the possibility of accessing a decent pension, even if he lacks age, this situation being alien to the employment relationship.

The previous conclusion was supported in the guidelines contained in judgment SU-003 of 2008 in which a worker affiliated to the Average Premium Regime was resolved, who only lacked the requirement equivalent to the age to access the pension, to which stipulated that having completed the weeks required to access the old-age pension, his pension right would not be frustrated on the understanding that the age requirement is met with the passing of the years regardless of the employment relationship of the person, so it would not be subject to protection of pre-arrest jurisdiction.

3. Strategies for prevention and preparation in case of COVID-19 in Colombia

The Ministry of Labor issued Circular No. 0017 of February 24, 2020 to establish minimum guidelines to be implemented in a mandatory and transitory manner in work environments for the prevention, preparation and response in case of illness by COVID-19, previously called Coronavirus, before its eventual appearance in Colombia.

For this, the Labor Portfolio indicated strategies to be followed for employers and contractors, labor risk administrators and workers, among which are to establish timely communication channels, disseminate all bulletins and official communications issued by the Ministry of Health. , the Ministry of Labor and the National Institute of Health, as well as following the protocols established by public entities, executing training, advice and guidance, supplying personal protection elements, reinforcing cleaning and self-care measures at work centers, among others. .

In the event that the company has workers from China, they must apply a special protocol during the 14 days after arrival in the country.

For more information, you can review all the recommendations established by the Ministry of Labor here.


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