Colombia - Repository of Actions on Paid Domestic Work

Yes.  

Law 9 of 1979. Consult here      

Law 1413 of 2010. Consult here    

Law 1437 of 2011. Consult here   

Law 1595 of 2012. Consult here    

Law 1010 of 2013. Consult here  

Law 1788 of 2016. Consult here      

Decree 824 of 1988. Consult here      

Decree 721 of 2013. Consult here    

Declaration 4108 of 2011. Consult here 

Declaration 2616 of 2013. Consult here  

Decree 1072 of 2015. Consult here      

Resolution 2400 of 1979. Consult here      

Resolution 1401 of 2007. Consult here      

Resolution 2646 of 2008. Consult here     

Resolution 2346 of 2007. Consult here      

Judgement T-237 of 2011. Consult here      

Judgement C-028 of 2019. Consult here   

Judgement T - 871 of 2011. Consult here  

Judgement T – 185 of 2016. Consult here  

Judgement C – 001-2018. Consult here  

Labor Code, Art. 486. Consult here  

National Development Plan 2022-2026. Consult here  

Workers: 

The Ministry of Labor, SENA and the Inter-union of domestic work implemented a joint program called “Certificathon of Domestic Work”, so that people can carry out the process of Evaluation and Certification of Labor Competencies, such as food handling, preparation of mise en place, and cleaning surfaces. Consult here. 

In December 2022, in alliance: SENA – Ministry of Labor, delivered the labor competency certificate to more than 200 domestic workers. The foregoing, in order to promote the closing of gaps and improve labor mobility and strengthen possibilities of access to decent work.   

Additionally, in June 2022, the Ministry of Labor in coordination with SENA – Regional Antioquia and the Afro-Colombian Union of Domestic Workers – UTRASD, Fundación Bien Humano agreed to start training 50 domestic workers on the following topics: food handling, labor human rights, cleaning areas and surfaces, preparation of early childhood educational material, early childhood first aid. Currently, 28 women completed their training process satisfactorily, who will later access certification by competencies.  

Training courses on “Labor Equity: Everyone’s Rights”. Promoted by the OEI, the INCCA University, and the Ministry of Labor. The course has three modules with the following themes: (1) Regulatory Framework Law 1257 of 2008 and Decree 4463 of 2011, as well as the presentation of the Labor Equity course with a differential and gender approach for women and specifically, the “equipares” labor equity seals, (2) Raising awareness on labor equity, (3) Prevention of workplace and sexual harassment. Also, within the framework of these trainings, actions were articulated with the women leaders and defenders of human rights and with the NARP women in order to promote and strengthen knowledge in the thematic axes that are taught in the course through the development of this in these population groups.  

Employers:  

A Technical Guide for Health and Safety at Work for Employers and Domestic Workers was published, which aims to guide the Legal Framework, Rights and Obligations, Identification of Risk Factors, First Aid, Work Accidents, and Healthy Work Environments. Consult here. 

On July 27, 2019, the I Domestic Work Forum was held and on October 25, 2022, the II Forum “Promoting the Labor Formalization of Domestic Work” was held to highlight the Government’s commitment to domestic work.  

In March 2023, a commemorative celebration for the international day of domestic workers in which the “Advancements and Challenges in the Government of Change” was reviewed to advance in this sector. See Twitter campaign here and Instagram campaign here. 

Likewise, communications have been issued requesting employers to comply with their obligations to achieve the formalization of domestic workers (Circular 007 of 2022). Consult here.

SECOND SEMESTER 2022—The Ministry promoted advertising campaigns in 32 departments, 58 stations, 1,740 radio spots, in 2,400 municipalities, to promote the payment of the premium to domestic workers.  

Within the framework of the labor reform that the country is processing, the formalization of domestic work was incorporated into Article 42 in compliance with ILO Convention 189, where it was proposed, among other aspects, that “the domestic worker should be associated by written employment contract”.  

Within this framework, the importance of recognizing and dignifying this exercise has been disseminated, in order to achieve actions such as: the intervention of the representatives of the domestic workers before the President of the Republic and the Minister of Labor, within the framework of the filing of the labor reform project before the Congress of the Republic. Consult here. 

Since 2020, the Ministry of Labor has proposed carrying out mobile inspections to monitor and sanction employers of domestic workers who fail to comply with the law.  

Since 2021, Mobile Inspection campaigns have been organized, in order to disseminate labor guarantees, promote fundamental rights, encourage ordering and comprehensive respect for the labor sector, where the issue of domestic work in the PD territories was included, in this exercise, the following topics were presented: Labor formalization, Risks and dangers in domestic work, Inspection as protection of domestic work, and Labor equity with a gender approach and violence against women. With the Mobile Inspection in 2022, 22 Departments and 22 Municipalities were reached.  

In 2022, the Inter-union presented a bill to regulate inspections inside homes. The project is not available for consultation on the official page. Consult here. 

Since the Government of Change in November 2022, for the first time in Colombia, through the Elite Group for Gender Equality, preventive, care, and consultation processes were stated in a differential way for women and LGBTI people in relation to their different needs and particularities in workplaces; differential situation of vulnerability and discrimination that can be experienced due to gender.   

Through the Elite Group for Gender Equality (GEEG), the Ministry will carry out labor inspection pilot tests for domestic workers with employer grouping strategies. Consult here. 

Within the framework of the RIAL/OAS, the cooperation agreement between Colombia and Uruguay was approved to promote labor formalization in paid domestic work in Colombia.  

The employer must guarantee the association to the General Social Security System and within this to the General System of Occupational Risks.  

Likewise, it is established that every employer must adopt measures to guarantee and ensure that domestic workers enjoy equitable employment conditions, decent work, safe and health spaces. As well as if they reside in the home for which they work, with decent living conditions that respect their privacy. Consult here. 

A Technical Guide to Health and Safety at Work for Employers and Domestic Workers was published, which aims to guide the Legal Framework, Rights and Obligations, Identification of Risk Factors, First Aid, Work Accidents, and Healthy Work Environments.  

Issuance of Circular 007 of 2022, on the rights, duties, and labor guaranteed of domestic workers, through which employers are reiterated to comply with their obligations in order to achieve the formalization of this sector. Consult here.  

Dissemination of employers’ obligation in the December 2022 Consumer Bulletin. Consult here.

With the new government, the important work carried out by unions such as UTRASD and INTERSINDICAL has been recognized. Consult here.  

The Ministry of Labor is promoting the alliance of domestic work and the national care system that will be implemented by the Vice-Presidency.  

TOWARDS DOMESTIC WORK FORMALIZATION: In Colombia, 649,000 employees are in domestic work (2.9% of the total employed population), of whom 93% are women with an informality rate of 82% and of the 45,000 men, 64% are in the informal sector. 

ACHIEVEMENTS: 

In addition to the aspects already mentioned, the plan includes: