Key Benefits:
1780 OF 2016
(May 2)
Official Journal No. 49.861 of 2 May 2016
CONGRESS OF THE REPUBLIC
By means of which employment and youth entrepreneurship are promoted, measures are generated to overcome barriers to access to the labour market and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. OBJECT. This law aims to promote the generation of employment for young people between 18 and 28 years of age, laying the institutional foundations for the design and implementation of employment policies, entrepreneurship and the creation of new jobs. young companies, along with the promotion of mechanisms that positively impact the employment relationship with a differential approach, for this population group in Colombia.
INCENTIVES FOR HIRING YOUNG PEOPLE AND LINKING THEM TO THE PRODUCTIVE SECTOR.
ARTICLE 2o. YOUNG SMALL BUSINESS. For the purposes of this law, it is understood by a young company that is made up of natural or legal persons who comply with the conditions defined in the first article of the article 2or Act 1429 of 2010. Natural persons who are up to 35 years of age shall be entitled to benefit from the benefits provided for in this Article. In the case of legal persons, they must have the participation of one or more young people under the age of 35, representing at least half of the shares, shares or units in which the capital is divided.
For the purposes of this law, the beginning of the main economic activity must be understood in the terms defined in the second paragraph of Article 2or Law 1429 of 2010.
ARTICLE 3o. EXEMPTION FROM PAYMENT IN COMMERCIAL REGISTRATION AND RENEWAL. Small young enterprises which begin their main economic activity from the enactment of this law shall be exempt from the payment of the commercial registration and the renewal of the first year following the start of the main economic activity.
ARTICLE 4. COMPLIANCE WITH OBLIGATIONS. The benefits provided for in this law do not exempt the obligations of young, beneficiary small companies, in the field of presentation of tax returns, of compliance with their labour obligations and their commercial obligations entered in the Trade Code.
ARTICLE 5o. CONSERVATION AND LOSS OF BENEFITS. The natural and legal persons who make up the young small business, must maintain the requirements defined in Article 2or this law to preserve the benefits. Benefits provided here.
Likewise, young small enterprises that are alienated and acquired by natural or legal persons who do not comply with the requirements to obtain the benefits described in this law, will not be able to preserve the benefits of the same.
PARAGRAFO 1o. Compliance with these requirements must be demonstrated when the annual renewal of the business registration is done.
PARAGRAFO 2o. The benefits of the article 3or this law shall be lost in the event of non-compliance with the renewal of the mercantile registration within the three (3) First months of the year, the non-payment of contributions to the Comprehensive Social Security System and other payroll contributions and non-compliance with the tax obligations.
This last event will be configured as a result of the non-compliance in the presentation of the tax declarations and the payments of the values in them, when the same is not carried out within the legal terms indicated for the effect by the national government.
ARTICLE 6o. PROHIBITION TO ACCESS THE BENEFITS OF THIS LAW. The benefits referred to in this law may not be granted to young small enterprises formed after the entry into force of this law, in which the social object, the payroll, the trade establishment, the domicile, the intangibles or the assets forming their unit of economic exploitation, whether they are the same as a company dissolved, liquidated, divided or inactive after the entry into force of this law.
PARAGRAFO. Inactive enterprises are understood to be those that:
(a) You have not made contributions to social security because you have no staff engaged for at least one (1) year in a row, and
(b) You would not have completed a (1) year with your obligation to renew the business registration.
ARTICLE 7o. DO NOT CONTRIBUTE TO FAMILY COMPENSATION BOXES. Employers who link to new staff who are between 18 and 28 years old at the time of the start of the employment contract will not have to make contributions to Family Compensation Boxes. such affiliated workers during the first year of bonding.
To access the previous benefit, the employer must increase the number of employees in relation to those on the previous year's payroll; and increase the total value of the payroll of the taxable year immediately before in terms of constants to which the corresponding payment exemption is to be made.
The national government will regulate within six (6) months of the issuance of this law, the conditions that companies must meet to access the benefits referred to in this article.
PARAGRAFO 1o. The benefit of this article applies only to new personnel, without it being able to be interpreted as new personnel to be linked after the merger of companies.
PARAGRAFO 2o. In no case, the intended benefit can be performed on persons under 28 years of age, who are linked to replace previously hired personnel.
PARAGRAFO 3o. Workers affiliated with this mechanism will enjoy the same benefits in the Family Allowance System as workers for whom regular contributions are made.
ARTICLE 8o. PROMOTION OF EMPLOYMENT AND YOUTH ENTREPRENEURSHIP. State entities that administer and implement entrepreneurship programs, within the framework of the National Entrepreneurship Policy, will strengthen their institutional presence to encourage and promote youth employment and entrepreneurship, with particular emphasis on rural, ethnic minorities and young people immersed in the post-conflict process.
ARTICLE 9o. PROMOTION OF EMPLOYMENT AND ENTREPRENEURSHIP THROUGH THE MECHANISM OF PROTECTION OF THE CESANTE. The national government will define alternatives for the development of employment, entrepreneurship and/or business development programs, under the framework of the Protection of the Cesante, which will be financed by the Fosfec. It shall also regulate within six (6) months the procedure for the application of such alternatives.
PARAGRAFO 1o. Resources for the development of employment, entrepreneurship and/or business development programs will be defined once resources are secured for the economic benefits of the Act 1636 2013.
PARAGRAFO 2o. In order to energize and boost economic and social development in rural and post-conflict areas, Family Compensation Banks will be able to allocate resources from the Fosfec to fund and operate programs and projects related, with the promotion of employment and entrepreneurship, the development of works in the territories, the generation of income, the promotion and financing of agricultural activities, the promotion of associativity and the development of productive projects, among others, according to the regulations that for the effect issue the national government within six (6) months following the issue of this law.
ARTICLE 10. COMPONENTS OF THE CESSATION PROTECTION MECHANISM. Add a numeral to Article 2or Law 1636 of 2013, as a component of the Cesant Protection Mechanism which will remain so:
"Article 2o. Creating the Cesant Protection Mechanism. Create the Cesant Protection Mechanism, which will consist of:
("...") 5. Promotion of entrepreneurship and business development, as a tool to promote and finance new ventures, and self-employment initiatives and social innovation for entrepreneurship, which include, others, credits and microcredits, seed capital funds for the development of business, development and/or support to micro and small enterprises, through the business technical assistance, concerning administration, management, positioning, marketing, innovation, change management and articulation with the business fabric.
For this purpose, proven methodologies must be applied directly by the Family Compensation Fund, or through partnerships with expert entities, that measure the results of their application in terms of business generation and/or development. of the companies supported.
PARAGRAFO 1o. The resources invested in the execution of microcredit programs under the validity of Law 789 of 2002, incorporated into the Solidarity Fund for Employment and Protection for the Cesante (Fosfec), in accordance with Article 62) or Law 1636 of 2013, shall be intended as the initial balance for the promotion and promotion component of the Mechanism of Protection of the Cesante and may be used for the purposes provided for in this Article, in accordance with the regulations issued by the Ministry of Labour for the purpose, within six (6) months of the date of issue of this law.
PARAGRAFO 2o. The Family Compensation Boxes, must follow principles of association, efficiency, suitability and economy of scale, in the selection of allies to operate the themes of which this article deals, either financial institutions monitored by the Financial Superintendency, other Family Compensation Banks or other entities, in accordance with the guidelines issued by the Ministry of Labor for the purpose.
PARAGRAFO 3o. The resources allocated to finance new ventures, self-employment initiatives and social innovation for entrepreneurship will be governed by private law and the financing decision will be The Board of Directors of the respective Family Compensation Fund.
PROMOTING YOUTH EMPLOYMENT IN THE PUBLIC SECTOR.
INITIATIVES FOR THE STATE ' S INDUSTRIAL AND COMMERCIAL ENTERPRISES, MIXED-ECONOMY ENTERPRISES, STATE SOCIAL ENTERPRISES, AND UTILITIES, IN THE PUBLIC SECTOR.
ARTICLE 11. DEVELOPMENT OF PROGRAMS OF YOUNG TALENTS. The national government will create and regulate in a period not greater than twelve (12) months, counted from the issuance of this law, an incentive program for young talent without experience that promotes their linkage and promotion, according to their merits, within the Industrial and Commercial Companies of the State, Companies of Mixed Economy, State Social Enterprises and Official Public Service Companies, giving priority for young people in the post-conflict process.
ARTICLE 12. PROMOTION OF THE EMPLOYMENT RELATIONSHIP OF YOUNG PEOPLE. The companies established in this Chapter will encourage, in accordance with their needs, the creation of job opportunities in jobs or activities that do not require work experience, either through the generation of new jobs, the provision of existing vacancies or any other form of linkage.
INITIATIVES FOR PUBLIC ENTITIES IN THE CENTRAL SECTOR AND TERRITORIAL ENTITIES.
ARTICLE 13. PROMOTION OF PRACTICE SCENARIOS IN PUBLIC ENTITIES. The National Government, through the Ministry of Labor and the Administrative Department of the Civil Service, will develop and regulate a policy that encourages, encourages and coordinate the programs of young talent, oriented to which young people without experience can carry out work practices, judicature and relationship of service in the area of health, in public entities, which will count as experience for access to the public service.
PARAGRAFO 1o. In the event of the public sector performing the work practice, the judiciary or the teaching relationship of service in the area of health, the public entities will be able to carry out the training of the practitioner and it shall not be compulsory to conclude agreements with the Educational Institution, except in cases where the Educational Institution so requests in the framework of university autonomy.
PARAGRAFO 2o. For the development and regulation process, a period of six (6) months shall be counted from the issue of this law.
PARAGRAFO 3o. Through the Cesante Protection Mechanism and under the Fosfec, it will be able to finance work practice, judicature and teaching relationship of service in the area of health as a mechanism for young people acquire work experience related to their field of study.
ARTICLE 14. MODIFICATION OF PERSONNEL PLANTS. State entities that advance modifications to their personnel plant, as of the publication of this law, must ensure that at least ten percent (10%) of new jobs do not require professional experience, so that they can be provided with young graduates from technical programs, technologists, and graduates from undergraduate programs of higher education institutions. The Administrative Department of the Civil Service will set the guidelines and propose modifications to the current regulations, in order to comply with the provisions of this article.
PARAGRAFO. For compliance with this article, the provisions provided for in Law 909 of 2004 will be taken into account.
LABOR PRACTICES.
ARTICLE 15. NATURE, DEFINITION AND REGULATION OF WORK PRACTICE. Labour practice is a training activity developed by a student of supplementary training programmes offered by higher education and higher education for a given time, in a real work environment, with supervision and on matters related to their area of study or performance and their type of training; for the fulfilment of a requirement to complete their studies or obtain a title to prove it for job performance.
Because it is a formative activity, the work practice does not constitute a working relationship.
PARAGRAFO 1o. The practices regarding service teaching in the area of health, learning contract established in Law 789 of 2002 and its Regulatory Decrees, as well as the judicature, will continue to be regulated by the existing provisions.
PARAGRAFO 2o. The work practice described in this Law as a requirement for completion of studies or obtaining the title, may be in concurrency with the theoretical training or at the end of it.
PARAGRAFO 3o. The Ministry of Labor will within six (6) months regulate labor practices in the terms of this law.
ARTICLE 16. MINIMUM CONDITIONS OF WORK PRACTICE. Employment practices must meet the following minimum conditions:
a) Age: In accordance with the provisions of the Code of Childhood and Adolescence, labor practices may not be performed by persons under fifteen (15) years of age. In any case, the adolescents between the fifteen (15) and seventeen (17) years of age, require the respective authorization for this purpose, according to the regulations that are issued for the effect.
b) Practice time: The work practice schedule should allow the student to attend the training activities that the Education Institution has. In any case, the work practice schedule may not be equal to or greater than the ordinary day and in any case at the current legal maximum.
c) Links: Labor practices are part of a training process in a real work environment and three subjects participate in them: the student, the practice scenario, and the educational institution.
For the regulation of the relations of these subjects, agreements of wills in writing must be concluded, in which the following aspects are specified at least: obligations of the three parties, rights of the three parties, duration of work practice, place of practice development, supervision of work practice.
ARTICLE 17. REPORT OF WORK PRACTICE PLACES IN THE PUBLIC EMPLOYMENT SERVICE. All employers are required to report their work practice places to the Public Employment Service.
ARTICLE 18. MECHANISMS FOR THE APPROVAL OF WORK EXPERIENCE. Amend article 64 of Law 1429 of 2010, which will remain so:
Article 64. For jobs that require professional or technological or technical or technical qualifications, the lack of experience for additional titles obtained may be approved, either in institutions of higher education or education for validated national or international human or international work and development. The work experience acquired in working practices, learning contracts, the judiciary, the teaching of the health sector, compulsory social service or voluntary service will be taken into account. "
PROMOTING WORK LINKING AND NORMALIZING THE MILITARY SITUATION.
ARTICLE 19. REDUCTION OF THE MAXIMUM AGE OF INCORPORATION TO RANKS FOR THE PROVISION OF MILITARY SERVICE. Colombians declared eligible by the Ministry of National Defense to provide the military service may be incorporated from the majority of age until a day is missing to meet twenty-four (24) years of age.
ARTICLE 20. ACCREDITATION OF THE MILITARY SITUATION FOR THE JOB. The military situation must be accredited to exercise public office, work in the private sector and to conclude contracts for the provision of services as a natural person with any entity of public law.
Without prejudice to the above obligation, public or private entities may not require the citizen to submit the military card for employment. Persons who are declared unfit, exempt or who have exceeded the maximum age for entry into the ranks may have access to employment without having defined their military situation. However, from the date of their employment relationship these people will have a period of eighteen (18) months to define their military situation. In any event, it may not be counted within the eighteen (18) months provided for in this article, any delays that are not attributable to the worker.
Citizens who have access to the benefits provided for in this Article, must deal with the recruitment authorities with a provisional online certification that accredits the process of defining the military situation to a single one. time, which will be valid for the time period indicated above.
PARAGRAFO 1o. Persons declared unfit, exempt or who have exceeded the maximum age of incorporation into rows, who have an existing employment relationship and have not defined their military situation, will have a deadline for normalise their situation of eighteen (18) months, counted from the entry into force of this law.
PARAGRAFO 2o. The employment relationship of the non-eligible population, exempt or exceeding the maximum age of incorporation, will not result in the penalty provided for in the literal (f) of the article 42 of Act 48, 1993, or the rules that modify, replace, or add.
PARAGRAFO 3o. For the payment of the military compensation fee and the penalties and violations of this law from those who engage in this benefit, payroll, bookseller or any other discounts may be made. the payment method to be regulated by the national government, provided that the worker's written consent is provided.
ARTICLE 21. SPECIAL DAYS. The Ministry of National Defense will have the power to hold special days throughout the national territory, in order to speed up the definition of the military situation of the Colombian men and to solve the problem. legal and economic status of the beneficiaries of this law.
In these special days, the national government will be able to establish exemptions up to sixty percent (60%) of the military compensation quota for people who show up for these days and decrease by up to ninety percent (90 percent). Fines that up to the date of the day must be the offenders who present themselves to them.
PROVISIONS And VERS.
ARTICLE 22. REACH BENEFICIARIES AND FOCUS PROGRAMS WITHIN THE FRAMEWORK OF THE CESSATION PROTECTION MECHANISM. All persons who are seeking work or want to improve their employability levels may be beneficiaries of the Protection Mechanism. to the Cesante, created by Law 1636 of 2013.
The above does not exclude particular requirements for access to the economic benefits of the Cesante Protection Mechanism, as defined in Article 13 of Law 1636 of 2013.
To prioritize the development of policies to be established under the Cesante Protection Mechanism, the Ministry of Labor, in accordance with the regulations it issues for this purpose, may establish the guidelines, mechanisms, and tools to enable the appropriate regional redistribution of the resources that are part of the Solidarity Fund for Employment and Protection for the Cesante (Fosfec), in order to address the priorities of the target population and to comply with the purpose of the same.
ARTICLE 23. EMPLOYMENT OPPORTUNITIES FOR YOUNG PEOPLE IN THE STATE CARE AND PROTECTION CENTERS. The Ministry of Labor and the Colombian Family Welfare Institute will take actions to establish preferential access for young people. adolescents and young people who are under the protection of the Colombian Family Welfare Institute, to work insertion and entrepreneurship routes.
These insertion routes will include programs for strengthening labor skills, tools that facilitate their entry into the labor market, improve their performance at work sites, and promote income generation. other.
ARTICLE 24. A DECENT JOB IN THE NEW AGE COMPANIES. Companies that provide goods or services through electronic platforms must incorporate into the same mechanisms to carry out the processes of affiliation, listing or discounts to the Integral Social Security System.
ARTICLE 25. LABOR PRACTICES IN THE MINING-ENERGY SECTOR. The national government, through the Ministry of Labor, will develop and regulate a policy that encourages, encourages and coordinates the programs of young talent, oriented to young people without Experience can carry out work practices in the contractors and sub-contractors of exploration, exploitation, transport of the energy-mining sector.
ARTICLE 26. PROCEDURE FOR FIXING THE MONETARY QUOTA. The monetary quota shall be fixed by department, by the Superintendence of the Family Allowance or by the entity that does its times, the month of January of each year, applying the following procedure:
a) Business contributions are taken to the Department's Family Allowance System.
b) Once the contributions mentioned in the previous literal are established, the law obligations under the Family Compensation Banks of the jurisdiction will be deducted, and this result will be divided by the total allowance fees paid by persons in charge in the same department of the Family Compensation Fund. For these purposes, Bogota, D.C., is considered as part of the department of Cundinamarca.
ARTICLE 27. ECONOMIC AND FINANCIAL EDUCATION, COOPERATIVE AND SOLIDARITY IN THE EDUCATION SYSTEM. To advance the national purpose of childhood and youth to receive economic and financial education, in all educational institutions, public and private, will be fostered in all educational cycles, the culture of solidarity, and cooperation, as well as the development of the cooperative business model and the solidarity economy, as an alternative of partnership and cooperative entrepreneurship and solidarity for income generation, and the proper valuation of the economy.
PARAGRAFO. The experiences of school cooperatives, as a form of cooperative entrepreneurship, and support for the educational process in curriculum areas will be supported.
ARTICLE 28. VALIDITY AND REPEAL. This law governs from the date of its publication and repeals all rules that are contrary to it.
The President of the honorable Senate of the Republic,
LUIS FERNANDO VELASCO CHAVES.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
ALFREDO RAFAEL DELÚQUE ZULETA.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Cartagena de Indias, D. T. y C., a 2 de mayo de 2016.
JUAN MANUEL SANTOS CALDERÓN
The Commander General of the Military Forces, in charge of the Duties of the Office of the Minister of National Defense,
GENERAL JUAN PABLO RODRIGUEZ BARRAGAN.
The Minister of Commerce, Industry and Tourism,
CECILIA ALVEZ-CORREA GLEN.
The Minister of Labor,
LUIS EDUARDO GARZON.
The Director of the Administrative Department of the Civil Service,
LILIANA CABALLERO DURAN.
