Through Which Employment And Youth Entrepreneurship Is Promoted, Measures Are Generated To Overcome Barriers To Labor Market And Other Provisions

Original Language Title: Por medio de la cual se promueve el empleo y el emprendimiento juvenil, se generan medidas para superar barreras de acceso al mercado de trabajo y se dictan otras disposiciones

Read the untranslated law here: http://www.secretariasenado.gov.co/senado/basedoc/arbol/../ley_1780_2016.html

ACT 1780 2016
(May 2)
Official Gazette No. 49,861 of 2 May 2016 CONGRESS OF THE REPUBLIC

Through which employment and youth entrepreneurship is promoted, generate measures to overcome barriers to labor market and other provisions.

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. OBJECT. This law aims to boost job creation for young people between 18 and 28 years old, laying the institutional foundations for the design and implementation of employment policies, entrepreneurship and the creation of new young companies, together with the promotion of mechanisms that impact positively on the employment relationship with differential approach to this population group in Colombia. TITLE I.

INCENTIVES FOR HIRING OF YOUNG AND LINKING THE PRODUCTIVE SECTOR.
Article 2.
. SMALL BUSINESS YOUNG. For the purposes of this law means little young company formed by natural or legal persons who meet the conditions defined in the first paragraph of Article 2 of Law 1429 of 2010. They will be entitled to receive the benefits established in this Article natural persons up to 35 years. In the case of legal persons, they must have one or more participation of young people under 35, representing at least half plus one of the shares, shares in the capital is divided.
For the purposes of this law, the start of the main economic activity, must be understood in the terms defined in the second paragraph of Article 2 of Law 1429 of 2010.

ARTICLE 3. EXEMPTION FROM PAYMENT IN COMMERCIAL REGISTRATION AND RENEWAL. Small young companies start their main economic activity from the enactment of this Act, shall be exempt from commercial registration and renewal of the first following the beginning of the year the main economic activity.

ARTICLE 4. FULFILLMENT OF OBLIGATIONS. The benefits set out in this law does not exempt compliance with the obligations of small young companies benefiting in terms of filing tax returns, compliance with its labor obligations and its commercial obligations contained in the Commercial Code.

The 5th ITEM. STORAGE AND LOSS OF PROFITS. Natural and legal persons that make up the small young company must maintain the requirements defined in article 2 of this law to preserve the benefits herein provided.
Also, small young companies that are alienated and are acquired by natural or legal persons who do not meet the requirements to obtain the benefits described in this law may not retain the benefits of it. PARAGRAPH 1.
. Compliance with these requirements shall be stated at the time of the annual renewal of commercial registration. PARAGRAPH 2.
. The benefits dealt with in article 3 of this Act, be lost in the event of default of the renewal of commercial registration within three (3) months of the year, non-payment of contributions to the Social Security System Integral and other contributions from payroll and breach of the obligations in tax matters.
This last event will be set from default in filing tax returns and payments of certain values ​​in them, when they are not made within the legal terms established for the purpose by the national government.

ARTICLE 6o. PROHIBITION TO ACCESS THE BENEFITS OF THIS LAW. They can not access the benefits covered by this law small young companies established after the entry into force of this law, in which the social object, payroll, or commercial establishments, address, intangible or assets that conform their economic exploitation unit, are the same of a dissolved company, liquidated, split or inactive after the entry into force of this law.
PARÁGRAFO. Inactive means those companies:
a) not been incurred contributions to social security by not having staff hired for at least one (1) year in a row, and
b) have not been met for one (1) year with its obligation to renew the commercial registration.

ARTICLE 7. NO CONTRIBUTION A family compensation. Employers linking new staff at the onset of the employment contract between 18 to 28 years old will not have to make contributions to the Family Compensation for 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 payroll had in the previous year; and increase the total value of the payroll of the immediately preceding fiscal year in constant terms which will make the corresponding payment exemption.
The Government shall regulate within six (6) months following the issuance of this law, the conditions to be met by companies to access the benefits provided in this article. PARAGRAPH 1.
. The benefit referred to in this article only applies to new staff, but could be interpreted as new personnel who will then link the merger. PARAGRAPH 2.
. In any case, the expected profit can be made on persons under 28 years of age, which are linked to replace staff employed previously. PARAGRAPH 3.
. Affiliated workers through this mechanism enjoy the same benefits in the Family Subsidy System that workers for which regular contributions are made.

Article 8. PROMOTING ENTREPRENEURSHIP AND YOUTH EMPLOYMENT. State entities that manage and implement entrepreneurship programs within the framework of the National Policy Entrepreneurship, strengthen its institutional presence to encourage and promote employment and youth entrepreneurship, with special emphasis on rural life, country's ethnic minorities and young people immersed in the process of post-conflict.

Article 9. PROMOTION OF EMPLOYMENT AND ENTREPRENEURSHIP THROUGH THE MECHANISM OF PROTECTION TO LOST. The national government will define alternatives for developing employment programs, entrepreneurship and / or business development, under the Interruption Protection Mechanism, which will be financed by the Fosfec. He also regulate within six (6) months the procedure for the implementation of these alternatives. PARAGRAPH 1.
. The resources allocated for the development of employment programs, entrepreneurship and / or business development, will be defined once the resources for economic benefits referred Law 1636 of 2013. PARAGRAPH 2. ensure
. In order to stimulate and promote economic and social development in rural and post-conflict areas, the Family Compensation may allocate resources Fosfec to finance and operate related programs and projects, promoting employment and entrepreneurship development works in the territories, income generation, promoting and financing of agricultural activities, promotion of partnership and development of productive projects, among others, according to the regulations for the purpose by the national government within six (6) months following the issuance of this law.

ARTICLE 10. PROTECTION MECHANISM COMPONENTS TO LOST. Adiciónese a numeral Article 2 of Law 1636 of 2013, as a component of Interruption Protection Mechanism which will read:
"Article 2.. Creating the Interruption Protection Mechanism. Create the Interruption Protection Mechanism, which shall consist of:
( "...") 5. Promotion of entrepreneurship and business development, as a tool to promote and fund new ventures, and self-employment initiatives and social innovation entrepreneurship, which include, among others, credits and microcredits, seed capital funds for business development, development and / or support to micro and small enterprises through business technical assistance concerning the administration, management, positioning, marketing, innovation, change management and coordination with the business community.
For the effect should apply proven methodologies, directly by the Family Compensation Fund, or through partnerships with expert bodies that measure the results of its application in terms of generating companies and / or development of enterprises supported. PARAGRAPH 1.
. The resources invested in the implementation of microcredit programs under the force of Law 789 of 2002, incorporated the Solidarity Fund for the Promotion of Employment and Protection Interruption (Fosfec), in accordance with paragraph 2 of Article 6 of Law 1636 2013, will be used as opening balance for the component to promote and foster entrepreneurship Mechanism Protection Interruption and may be used for the purposes of this article, according to the regulations for the purpose by the Ministry of Labour, within six (6) following the issuance of this law months.
PARAGRAPH 2.
. The Family Compensation must follow principles of partnership, efficiency, suitability and economy of scale, in the selection of allies to operate the topics discussed in this article, whether financial institutions supervised by the Financial Superintendency, other compensation funds family or other entities, in accordance with the guidelines for the purpose by the Ministry of Labour. PARAGRAPH 3.
. The resources allocated to finance new projects, and self-employment initiatives and social innovation for entrepreneurship are governed by private law and financing decision will be the responsibility of the Board of the respective Family Compensation Fund.
TITLE II.
PROMOTION OF YOUTH EMPLOYMENT IN THE PUBLIC SECTOR.

CHAPTER I. INITIATIVES FOR FIRMS AND STATE BUSINESS, BUSINESS MIXED ECONOMY, SOCIAL STATE ENTERPRISES AND UTILITIES, PUBLIC SECTOR.

ARTICLE 11. DEVELOPMENT PROGRAMS YOUNG TALENTS. The national government will create and regulate within a period not exceeding twelve (12) months from the issuance of this law, an incentive program for young talents without experience that promotes their involvement and promotion, according to their merits, within the Industrial and Commercial State, Societies of Mixed Economy, Social State Enterprises and Public Utilities officials, giving priority to young people involved in the process of post-conflict.

ARTICLE 12. PROMOTION OF YOUTH WORK LINKING. Companies established in this chapter reps, according to their needs, creating job opportunities in jobs or activities that do not require work experience, either through the generation of new jobs, provision of existing vacancies or any another form of bonding.
CHAPTER II.
INITIATIVES FOR CENTRAL PUBLIC SECTOR ENTITIES AND TERRITORIAL ENTITIES.

ARTICLE 13. PROMOTION OF PRACTICE SCENARIOS IN PUBLIC INSTITUTIONS. The Government, through the Ministry of Labor and the Administrative Department of Public Service, develop and regulate a policy that encourages, promotes and coordinates programs for young talents, oriented to young inexperienced can perform labor practices, judiciary and respect teaching service in the area of ​​health, public entities, which will count as experience for access to public service. PARAGRAPH 1.
. In case of public sector employment practice, judicial or relationship teaching service in the area of ​​health, public bodies may make the formative linking the practitioner and not be binding enter into agreements with the Educational Institution, except in cases in which the educational institution requested within university autonomy. PARAGRAPH 2.
. For the process of development and regulation will have a period of six (6) months from the issuance of this law. PARAGRAPH 3.
. Through Protection Mechanism and Interruption under the Fosfec, it may be funded labor practice, the judiciary and related teaching service in the area of ​​health as a mechanism for young people to gain work experience related to their field of study.

ARTICLE 14. MODIFICATION OF PERSONAL PLANTS. State entities that advance changes to its personnel, from the publication of this law, must ensure that at least ten percent (10%) of the new jobs do not require professional experience, so that they can be provided with young graduates of technical programs, technologists and graduates of undergraduate programs of institutions of higher education. The Administrative Department of the Civil Service shall determine the guidelines and shall propose amendments to current regulations, to comply with what is stated in this article.
PARÁGRAFO. To fulfill the provisions of this article shall be considered in Law 909 of 2004.
TITLE III.
Labor practices.


ARTICLE 15. NATURE DEFINITION AND RULES OF PRACTICE WORK. Work practice is a training activity developed by a student of further training programs offered by the higher normal schools and higher education undergraduate, for a certain time, in a real work environment, with monitoring and on matters related to their field of study or performance and type of training; to comply with a requirement to complete their studies or to obtain a title that credited for job performance.
Being a training activity, labor practice is not working relationship. PARAGRAPH 1.
. Teaching practices regarding service in the area of ​​health, learning agreement established by Law 789 of 2002 and its implementing regulations, as well as the judiciary, continue to be governed by the provisions in force. PARAGRAPH 2.
. Labor practice described in this Act as a requirement for completion of studies or obtain the degree, can occur concurrently with theoretical training or the end of it. PARAGRAPH 3.
. The Ministry of Labour shall regulate within six (6) months labor practices under the terms of this law.

ARTICLE 16. MINIMUM LABOR PRACTICE CONDITIONS. Labor practices, must meet the following minimum requirements:
a) Age: In accordance with the provisions of the Code for Children and Adolescents, labor practices may not be performed by persons under fifteen (15) years old. In any case, adolescents between fifteen (15) and seventeen (17) years of age, require appropriate authorization for this purpose in accordance with regulations to be issued for the purpose.
B) practice schedule: The schedule of work practice must allow the student to attend the training activities available Education Institution. In any case, the schedule of work practice shall not be less than normal working hours and in any case the current maximum legal.
C) Linking: Labour practices are part of a learning process in a real work environment and participate in these three subjects: the student, the stage of practice and educational institution.
For the regulation of relations of these subjects, they must conclude agreements of wills written, in which the following aspects are specified as a minimum: obligations of the three parties, rights of the three parties, duration of work practice , place of practice development, supervision of labor practice.

ITEM 17. REPORT OF WORK SPACES PRACTICE Public Employment Service. All employers are required to report their places of work practice the Public Employment Service.

ITEM 18. MECHANISMS FOR APPROVAL OF EXPERIENCE. Amend Article 64 of Law 1429 of 2010, which will read:
"Article 64. For jobs requiring degree or professional or technical and technological experience, you can standardize the lack of experience obtained additional titles, whether they are in higher education institutions or education for work and rendered valid national or international human development. It will be taken into account work experience gained, learning contracts, judiciary, teaching service relationship health sector, mandatory social service or volunteer "labor practices.
TITLE IV.
PROMOTION OF LABOR AND STANDARDIZATION LINKING THE MILITARY SITUATION.

ARTICLE 19. REDUCTION OF MAXIMUM AGE FOR JOINING RANKS OF MILITARY SERVICE DELIVERY. Colombians declared fit by the Ministry of National Defense for military service may be included from adulthood until missing a day to meet the twenty-four (24) years of age.

ARTICLE 20. ACCREDITATION OF THE MILITARY SITUATION FOR WORK. The military situation must prove to hold public office, work in the private sector and enter into contracts to provide services as an individual with any public entity.

Notwithstanding the above obligation, public or private entities may not require the citizen presenting the military card to enter employment. Persons found unfit, exempt or have exceeded the maximum age of joining ranks can access a job without having defined his military status. 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 case, you can not count within eighteen (18) months under this article, the delays are not attributable to the worker.
Citizens who access the benefits provided for in this article, must apply to the authorities of recruiting an interim online certification stating the process of defining the military situation only once, which will be valid for a period time indicated above. PARAGRAPH 1.
. Persons found unfit, exempt or have exceeded the maximum age of joining ranks, having a current and not defined their military status employment relationship, have a term to normalize the situation of eighteen (18) months from the entry into force of this law. PARAGRAPH 2.
. The employment relationship of population unfit, exempt or has exceeded the maximum age of entry, will not lead to the penalty provided in subsection f) of Article 42 of Law 48 of 1993, or rules that modify, replace or adicionen. PARAGRAPH 3.
. For the payment of the quota of military compensation and penalties and infringements of this law who avail themselves of this benefit, payroll deductions, promissory notes or any other form of payment that regulates the national always Government may be made and except upon written authorization worker.

ARTICLE 21. SPECIAL DAYS. The Ministry of National Defense will have the right to make special days throughout the national territory, in order to expedite the definition of the military situation of Colombian men and resolve the legal and economic situation of the beneficiaries of this law.
In these special days, the Government may establish exemptions to sixty percent (60%) share of military compensation of persons submitted to this conference and decrease by up to ninety percent (90%) the fines until the date of the day offenders should be submitted to them.

TITLE V. MISCELLANEOUS PROVISIONS AND.

ARTICLE 22. SCOPE TO BENEFICIARIES AND TARGETING OF PROGRAMS UNDER THE PROTECTION MECHANISM TO LOST. All people who are looking for work or want to improve their employability levels may be beneficiaries of Interruption Protection Mechanism, created by Law 1636 of 2013.
This does not exclude the particular requirements for access to the economic benefits of the Mechanism Interruption Protection, as defined in Article 13 of Law 1636 of 2013.
to prioritize the development of policies established under the Interruption Protection Mechanism, the Ministry of Labour, according to regulation issued for that purpose, it may establish guidelines, mechanisms and tools to make proper regional redistribution of resources that are part of the Solidarity Fund for the Promotion of Employment and Protection Interruption (Fosfec), to address priorities target population and fulfill the purpose thereof.

ARTICLE 23. EMPLOYMENT OPPORTUNITIES FOR YOUNG PEOPLE WHO ARE IN CARE CENTERS AND PROTECTION OF THE STATE. The Ministry of Labour and the Colombian Institute of Family Welfare, made efforts to establish preferential access of adolescents and young people who are under protection of the Colombian Institute of Family Welfare, routes employment and entrepreneurship.
Insertion These routes include programs to strengthen job skills, tools to facilitate their entry into the labor market, improve their performance in the workplace and promote income generation, among others.

ARTICLE 24 DECENT WORK IN THE BUSINESS OF THE NEW TIMES. Companies that provide goods or services through electronic platforms should incorporate the same mechanisms for processes affiliation, contributions or discounts to the Social Security System.


ARTICLE 25 LABOR PRACTICES IN mining and energy sector. The national government, through the Ministry of Labour, develop and regulate a policy that encourages, promotes and coordinates programs for young talents, oriented to young inexperienced can perform labor practices among contractors and subcontractors exploration, exploitation, transportation the mining and energy sector.

ARTICLE 26. PROCEDURE FOR DETERMINING THE QUOTA CASH. Monetary fee shall be determined by department, by the Superintendence of Family Subsidy or the entity that replaces it, the month of January each year, using the following procedure:
a) corporate contributions are taken to the Family Subsidy System From the department.
B) Having established the contributions mentioned in the preceding paragraph, the obligations of law by the Family Compensation jurisdiction is deducted, and this result is divided by the total fees paid by individuals subsidy beneficiary in the same department in charge of the Family Compensation Fund. For these purposes it is considered to Bogota, DC, as part of the department of Cundinamarca.

ARTICLE 27. ECONOMIC AND FINANCIAL EDUCATION, AND SOLIDARITY COOPERATIVE IN THE EDUCATION SYSTEM. To advance the national purpose that children and youth receive economic and financial education in all educational, public and private institutions will be encouraged at all educational cycles, the culture of solidarity and cooperation, as well as the development of the cooperative business model and solidarity economy as an alternative to partnerships and cooperative and supportive to entrepreneurial income generation, and proper assessment of the economy.
PARÁGRAFO. the experiences of school cooperatives as a form of cooperative entrepreneurship and to support the educational process in the curriculum areas will be supported.

ARTICLE 28. EFFECTIVE DATE AND REPEAL. This law applies from the date of its publication and repeals all rules that are contrary.
The President of the honorable Senate,
CHAVES LUIS FERNANDO VELASCO.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable Chamber of Representatives,
ALFREDO RAFAEL Deluque ZULETA.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Cartagena de Indias, DT and C., 2 May 2016

CALDERON JUAN MANUEL SANTOS The General Commander of the Armed Forces responsible for the functions of the Office of the Minister of National Defence ,
GENERAL JUAN PABLO RODRIGUEZ BARRAGÁN.
The Minister of Commerce, Industry and Tourism CECILIA ALVAREZ-BELT
GLEN.
The Minister of Labour,
Luis Eduardo Garzon.
The Director of the Administrative Department of Public Service,
LILIANA DURAN CABALLERO.