Private Client Specific Docs

Latin America Legal Update Q1 2022

Issue link:

Contents of this Issue


Page 2 of 3

Confidential Report – NOT for Distribution | ©Crain Communications Inc. All rights reserved. 3 Latin America Legal Update | Q1 2022 Americas All employers are mandated to establish an internal written policy on the right to disconnect, with the following minimum requirements: • Stating how the right is going to be guaranteed and the form in which employees will exercise their right, including guidelines regarding the use of technology and remote communication. • Setting out a procedure that determines the mechanisms and means for employees to issue complaints (even anonymously) regarding possible breaches of the right to disconnect; and • Establishing a procedure for complaints that guarantees due process and includes conflict resolution mechanisms, in order to verify compliance with agreements and cessation of any conduct that may cause a breach of the right to disconnect. Non-compliance with this right can lead to possible sanctions from the Ministry of Labour; similar to conduct that may be considered as harassment in the workplace as long as the conduct is persistent and verifiable. Employers in Colombia should review and update their policies and procedures to comply with the law.

Articles in this issue

view archives of Private Client Specific Docs - Latin America Legal Update Q1 2022