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In a ruling considered historic, the Sixth Labor Court for Small Causes of Bogotá protected the labor rights of a domiciliary and He ordered the supermarket where he works to pay various prerogatives that the law provides.
The history of the ruling was released by the Labor Department of the Legal Office of the Faculty of Law of the Universidad del Rosario, which advised the worker in the middle of the lawsuit against their employers.
According to Javier Almanza, coordinator of this academic instance, the court “recognized” the existence of a “true labor relationship” between the worker and the supermarket where he works and therefore ordered the recognition of his labor rights.
“This ruling is of great importance because it gives us the light to be able to analyze case by case the true existence of an employment relationship with workers or people who provide services for digital platforms,” said Almanza.
This means that, according to the jurist, this court decision gives an orientation to labor treatment that must have those who work as domiciliary in different digital platforms, several of which do not meet these guarantees.
(Also read: Selective isolation: what has changed since October 1?)
In the decision, which according to the academic instance would be given for the “first time in Colombian legislation,” the court ordered the supermarket where this domiciliary works to pay the severance pay, the interest on them, the service premium and the compensated vacations. .
In Colombia there is a great boom in the generation of work on digital platforms and more on the occasion of the pandemic
In the same way, the decision covers the order to make the social security contributions in pensions, for which, the respective actuarial calculation must be requested from the pension fund chosen by the plaintiff.
According to a study by the Labor Observatory of the Universidad del Rosario, of 318 ‘rappitenderos’ interviewed, 91.2 percent said they were not affiliated with the General Risk System Labor.
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