Legal Advice.
Within the framework of labor law in Colombia , the prevention, correction and punishment of discrimination is a relevant issue that requires knowledge and understanding by workers and employers of the regulations that govern it.
Discrimination from the colonial period to the present day
Since colonial times, there have been situations that can be considered as acts restricting the freedom of people, such as indigenous people subjected to the encomienda or forced labor imposed on Afro-descendants. In the 19th century, women were limited to the domestic sphere and migrants faced discrimination due to their national origin.
Since then, significant progress has been made in legislative matters, such as the promulgation of the Political Constitution of 1991 and Law 1482 of 2011, which prohibit and penalize discrimination based on race, ethnicity, religion, nationality, political or philosophical ideology, sex or sexual orientation, disability and other reasons for discrimination, but significant challenges remain in the 21st century for groups or communities that still face barriers in accessing formal employment and better working conditions .
This implies a continuous strengthening to avoid discrimination in terms of labor law in Colombia , joining forces with society in general to combat stereotypes and prejudices and guarantee equal opportunities for all population groups.
Legal regulations in Colombia
The Colombian Political Constitution, in its article 13, establishes special protection for those people who are in circumstances of manifest weakness, whether due to their economic, physical or mental condition, and in article 53, it guarantees principles such as equal opportunities and the non -waiver of minimum benefits established in labor regulations . These principles are fundamental to ensure fair and equitable treatment in the workplace.
For its part, in 2021 the Colombian Ministry of Labor issued Circular 0062 addressed to employers, workers and applicants for employment in the private sector, which reiterates the special protection of the right to equality and the right to work against forms of discrimination.
Protection of workers’ rights
It is the employer’s responsibility to ensure the protection of the right to equality, privacy and confidentiality of the data of employees or applicants. It is also crucial that there is an objective criterion in the selection process, avoiding any type of discriminatory practice that affects the rights of job applicants.
Tips for employers and workers
To prevent, correct and punish workplace discrimination, employers and employees can take the following measures:
- Know the legislation : It is essential to be informed about the laws and regulations that protect against discrimination at work.
- Promote equality : Employers must establish and implement clear policies and procedures that promote equal opportunity and fair treatment in the workplace.
- Training : Training for general workers on the importance of diversity, inclusion and prevention of discrimination.
- Reporting Channel : Establish a confidential reporting system so that workers can safely report any incidents of discrimination.
- Impartial investigation : Follow the established procedure to make objective decisions.
- Raise awareness : Organize activities and events that promote awareness of diversity and inclusion in the workplace.
In conclusion, preventing and addressing discrimination as part of labor law in Colombia is the responsibility of all actors in the labor market. By complying with the laws and promoting equal opportunities, we can create a more fair and equitable work environment for all Colombians.
