Employment Standards ... Colombia!?

njc (Dev team) (☼Travelguide writer) says on Apr 26, 2009, 20:05:

goin_south says on Apr 26, 2009, 20:08:

njc..... huh?????? can you explain? I think I understand, but....not sure.

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babygirl says on Apr 26, 2009, 20:22:

Sorry, let me clarify, getting paid properly meaning for example.... let's say he makes $50 / month (I'm making up numbers) He'll get paid $15 for the month with an IOU.

"Are you too good for your home?", Happy Gilmore.Canadian Girls Kick Ass!

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goin_south says on Apr 26, 2009, 20:54:

Wasn't there a thread about a similar situation, here on pbh, about two weeks ago? about employers not paying up to the employees? How do they get away with this???

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babygirl says on Apr 26, 2009, 20:57:

hmmmm can't find anything...help? please and thanks :)

"Are you too good for your home?", Happy Gilmore.Canadian Girls Kick Ass!

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ujay says on Apr 26, 2009, 22:18:

any can take you to the Employment Standards here ,the boss has to go or is shut down ,
it works .....

http://www.jukelightning.com

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goin_south says on Apr 27, 2009, 05:20:

R U sure?
that doesn't sound like something Colombia or colombians have time for.
But, I hope you're right, for the OP's sake, or rather, her friend.

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Bill Turley (Moderator) (Trustee board) (☼Travelguide writer) says on Apr 27, 2009, 06:22:

Gator says on Apr 27, 2009, 08:31:

1. Foreign employees have the same rights as Colombian employees PROVIDED he/she is working pursuant to the proper visa.

2. From you OP apparently the individual left "voluntarily" and was not terminated. If so he has forfeited almost all of the benefits/protection he might be entitled to receive.

3. In the event of a dispute like this he can appeal can be brought before the labor courts. The employer bears the burden of proof.

4. "...they haven’t paid him properly in a few months...) A principal question that will be raised is why the delay in trying to
adjust an ongoing problem

5. If he did not maintain his visa (work visa is I believe valid for two years) he will be out of luck.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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babygirl says on Apr 27, 2009, 14:01:

Thanks guys, should have mentioned he's Colombian not a foreign employee. His reason for not pursuing anything sooner would probably be because he's a single dad of two and he needed whatever money he was getting. He's uneducated, maybe a bit naive with regards to matters like this (not trying to be condescending). Unfortunately my Spanish is so basic I couldn't begin to ask him about employment standards etc... in Colombia. That's way out of my league. He obviously doesn't know anything about this kind of action or he'd be pursuing matters. He just keeps going back every week and asking for his pay and whatever else is owed to him. Kind of sad really.

"Are you too good for your home?", Happy Gilmore.Canadian Girls Kick Ass!

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goin_south says on Apr 27, 2009, 14:25:

maybe some of these kind souls could 'write it in espanol' for you/for him.

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august says on Apr 27, 2009, 15:26:

Oh I've definitely seen similar situations. Lotsa IOUs going on. I have a feeling it's more the lesser educated segment of the population who're the victims of this, but the lack of worker's rights enforcement mechanisms (assuming such laws exist) in Colombia combined with a pervasive lack of professionalism (by North American standards) by superiors makes it kind of a miserable place to work sometimes.

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babygirl says on Apr 27, 2009, 18:32:

Thanks. If anybody does have any suggestions to help this guy other than vindictive slander which might be satisfying or might not be, I'd love to hear them.

"Are you too good for your home?", Happy Gilmore.Canadian Girls Kick Ass!

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Gator says on Apr 27, 2009, 19:55:

According to the wife he is probably out of luck if he voluntarily resigned or walked off with no notice which would constitute abandoning the position.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Gator says on Apr 28, 2009, 07:36:

"Hasn't the position abandoned him if he wasn't paid?

NO! He should have filed a complaint with Ministerio de Protección Social or a labor court. According to the OP he was paid just not what he thought he should have received. Difficult to offer advice not knowing the full details. On the local level an appeal to the court handling labor matters could be filed. There is no employment-at-will in Colombia. Pursuant to Colombian Labor Law, any relationship will be regarded as an employment relationship. This would involve all constitutionally and legally protected labor
rights- whenever the three elements described below are present: Rendering of services by the employee; Payment of compensation to the employee; Subordination of the employee to the employer. An employee can be terminated when the worker does not return to work.

In this type of a dispute between the parties, a judicial appeal may be brought before the labour courts. The EMPLOYER bears the burden of proof. If it is proved that a worker had been dismissed without the observance of the law, decree or regulations, the decision on dismissal must be reversed and the employer will be instructed to pay the worker, by way of compensation, the wages due because of dismissal and to reinstate him to his post of employment.

"Street justice is the only option left available to him and he is within his right to take it ." ???????????

Now that's great advice

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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babygirl says on Apr 28, 2009, 20:16:

Well I think I'd take a pass on the street justice. I would have taken action sooner or maybe not put up with that for any length of time to begin with, but I'm also a spoiled Canadian that happens to have two HR professionals in my family that are constantly quoting the Employment Standards Act ;) AND many friends that are Media Relations professionals too.

"Are you too good for your home?", Happy Gilmore.Canadian Girls Kick Ass!

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