LAW 2141 OF 2021: PATERNITY STABILITY PROTECTION IS INCLUDED IN ARTICLES 239 AND 240 OF THE LABOR CODE
By means of Law 2141 of 2021, articles 239 and 240 of the Labor Code, which regulated the maternity stability protection of pregnant women, were modified.
Thus, with this modification the maternity stability protection was extended to the father, in the following terms:
- The payment of a compensation of 60 days of salary for dismissal without authorization from the competent authority plus the reinstatement in the job, will also apply when dismissing an employee whose spouse or permanent partner is pregnant or within 18 weeks after giving birth and does not have a formal job.
- It is prohibited the termination of an employment agreement of any employee whose spouse or permanent partner is pregnant or within 18 weeks after giving birth and does not have a formal job. This prohibition will apply by the notification to the employer of the pregnancy and a declaration that she is unemployed. The notification may be made verbally or in writing. In both cases, the employee will have up to 1 month to deliver his employer the proof of the pregnancy through medical certificates or the results of tests carried out in laboratories authorized by the competent authorities.
- The employer will require authorization from the Labor Inspector to terminate the employment agreement of an employee whose spouse or permanent partner is pregnant and does not have a formal job, attaching proof of it or that she is affiliated as a beneficiary in the Health Social Security System.
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Author: Angélica Pico I [email protected] I Labor Law