Valuation of overtime and outsourcing of work, the evolutions of labor reform that do not sound like Ecopetrol

One of the changes sought by the labor reform that will be presented by the Ministry of Labour to the Congress of the Republic in mid-March is to relaunch the nightly increase in overtime in the country. This was confirmed by the preliminary bill which stipulated that the night work schedule, which in 2022 was established from 22:00, would begin to apply as soon as the day and ordinary working day ended. , i.e. from 6:00 p.m. at 6:00 a.m.

For the president of Ecopetrol, Philippe Bayon These changes worry the company, since its factories, wells and boreholes operate 24 hours a day, so if the document is approved, Ecopetrol will have to take action.

This was revealed in an interview for the media bloomberg linein which he explained that issues such as the value of night shifts and outsourcing of labor are business issues.

On the the nightBayón explained: “I don’t close the factory at 5 o’clock in the afternoon. We operate 24 hours a day, 365 days a year, Saturdays and Sundays, the refineries don’t stop, the fields don’t stop, the drilling doesn’t stop”.

Another issue that worries President Bayón is the modification of employment contracts proposed by the reform, where a significant migration of contracts for the provision of services should contracts of indefinite period.

According to Bayón, outsourced services are essential to the operation of Ecopetrol, since the company has at least 130,000 jobs with this type of contract.

“We generate 18,000 direct jobs and 120,000 outsourced jobs for Ecopetrol’s corporate purpose. If the cost of labor increases disproportionately, you have to make decisions.”

According to the Minister of Labour, Gloria Ines Ramirez the permanent contract will be the norm after the approval of the reform. Consequently, the employment relationship cannot be terminated if the cause that gave rise to it persists without appealing to a previously established duration.

The fixed-term contract will also undergo modifications because: “it cannot be used for permanent activities in the company, it must always be written, for its celebration and its extensions it will be necessary to specify precisely in the contract: the reason for which the contracts for the said duration and its link with the foreseen duration or failing that it will be understood as being concluded for an indefinite period”.

It should also strengthen the professional stability of mothers or fathers who are heads of families who have no economic alternative, who have minor children, who are students or with a disability and who are financially dependent on a salary.

The document confirms that in terms of labor compensation for termination of the contract without cause, additional days of pay will be increased from 30 to 40.

With the bill, it is also intended to achieve a “correction of the regressive regulations of past labor reforms”, such as, for example, the remuneration of Sunday work and public holidays, since the remuneration for work on these days must be 100% of an ordinary salary in proportion to the hours worked; that is, he is looking to increase by 25% because currently only three quarters of the day is paid.

The work performed on digital platforms will also change, since “any natural person who performs work on these platforms is a worker and, therefore, protected by the principles of this law”.