To what extent to endure to make the determination to formally claim?
Having problems at work can be a constant for people. However, to what extent must the employee endure to make the determination to file a lawsuit? In addition, it is important to know what it should contain, where and how to present it.
The labor demand is the most used mechanism to solve problems or conflicts between employer (company) and worker. However, it must fully comply with the stipulated requirements, so that it is not returned to the person who interposes it.
Labor lawsuits are the most frequent way to resolve labor disputes.
Then, to sue for labor, the requirements demanded in article 25 of the Labor and Social Security Procedural Code must be taken into account, which, according to Leonardo Mejía López, director of the firm Mejía López Estudio de Abogados, must contain at least “the designation of the judge to whom it is addressed; the names of the parties and their representatives; the domicile and address of the parties; the name, address and address of the plaintiff’s legal representative, if applicable.”
Likewise, Javier del Real Hernández, lawyer of the same firm, says that it must have “the indication of the type of process; whatever is intended, expressed precisely and clearly; the facts and omissions on which the claims, classified and listed, are based; the grounds and reasons of law; the individualized and concrete request for the means of proof, and the amount, when its estimation is necessary to establish jurisdiction”.
Similarly, the demand must be accompanied by the power of attorney, copies (the amount must be equal to the number of defendants). In addition, you must have documentary and advance evidence, proof of exhaustion of the administrative claim if applicable, and proof of existence and legal representation.
The term to remedy the claim is five days, and can be amended only once within five days of the expiration of the term.
Articles 5 et seq. of the Code of Labour Procedure stipulate, in summary, that the application is filed in the last place where the service was performed or at the defendant’s domicile, and that it is filed before the labour judge of the circuit, and if this does not exist, then it is filed before the civil circuit judge.
Last but not least, it is recommended to report to the Ministry of Labor any abnormality that is violating your rights as a worker.
For people who have already gotten a job and have developed in various aspects in it, the objectives begin to change and some begin to be drawn personally.
This is the case of several workers who seek a salary increase at a certain time, speed in several objectives achieved previously and who see the possibility of achieving it.
However, to look for it, we must first make a self-assessment. Beatriz Aristizábal, expert in salary matters and director of the consulting unit of Talent Advisor, gives us several tips to review if it is good to launch to ask for the increase.
Beatriz, before seeing the options, invites the person to make a deep self-evaluation in several aspects, to have a solid foundation before making a decision.
“You have to be sensible and determine if you have the capabilities and skills that the position you are in is required, 100%. If you do not comply with them and have failures with some, it is better that you strengthen and develop them before asking for a salary increase, “said Aristizábal.
However, that self-assessment must also be accompanied by an assessment of what we have done in the company and how we have addressed the challenges.
“You have to evaluate your level of performance. If you are not meeting the objectives set, it is very difficult for them to make you an increase. You must generate value for the company and not stay in the basic capabilities, that the company sees that you give goes beyond what is expected, “added Beatriz.
But one’s own research should not be the only one. You should also look at the big picture around your position and how companies pay for the same work you do.
According to Beatriz Aristizábal, “you must investigate the labor market. If you want a raise, you need to review what other people in positions similar to yours earn.”
If your salary is above the market, there is little chance of a raise, while if it is below, there may be options.
Companies are no longer as rigorous in the locker room of employees. However, it is good not to fall into complete informality. A few years ago, wearing a tie to a job interview was practically an obligation. However, the vision of the employer has changed and the use of the tie has been rethinking in the world of work, in fact, it is now normal to see managers dressed in their day to day with shoes, pants and shirt.
Jimena Sánchez, a specialist in Human Resources, says that the fact of not wearing a tie should not be confused with informality, that is, you can go very well dressed to the job interview without having to wear it.
“The wardrobe varies according to the position you are aspiring to. Even if you are applying for whatever position you are applying for, it is best not to go with tennis shoes or torn jeans. That way is not the right way to present yourself to an interview, “says Sánchez.
In many companies, clothing sets a limit, prevents informality from beginning to occur and can undermine the image of the company. This can be even more relevant if at work you have to attend staff or visit customers, for example.
However, “credibility is not given by a tie, it is given by security in the answers and how the person faces the interview, and the knowledge they have about the position. But, presenting yourself inadequately dressed can subtract points in the selection process, “adds Sánchez.
Nilsa Vargas Tellez, head of selection at Seguridad Selecta Ltda., affirms that the use of the tie depends on the organizational culture of the company, but it should not be an indispensable requirement.
“The tie could be considered suitable for certain managerial positions in which you want to project a mature professional image, although it is clear that this is only a first impression of everything that covers the professional profile of any applicant,” adds Vargas.
There is something fundamental, regardless of whether you aspire to an operational, administrative or managerial position: neatness. This quality is indispensable.
In the same way, it is important that the applicant investigates the organizational culture of the company and thus will know how he can be dressed to the interview; Recruiters will notice that and value it.
“Both men and women should not wear bright colors, nor should they appear overloaded in garments or accessories. And less, wear clothes that are too tight, “says Vargas.
Finally, Mario Felipe Ramírez, business consultant, advises that “it is always better to make use of personal marketing. We are in a society in which everything enters through the eyes, so it is better to use and take advantage of prejudices correctly.”
The pandemic brought with it new challenges for companies and professionals who currently work remotely. In addition to the ‘home office’, it is now possible to train virtually and ‘nurture’ your profile without leaving home.
The most in-demand skills
In general, companies “are looking for professionals with knowledge in particular areas such as digital transformation, digital marketing, online sales and persuasive communication,” says Constanza Triana, director of Vera Ikona.
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The importance of soft skills
Likewise, Triana recommends working on soft skills such as high-impact and influential communication, adaptability, resolution of complex situations or problems and service orientation.
Remember that inelempleo.com you can register for free, look for workand explore the positions, profiles and professional knowledge that companies in Colombia need.
A technological approach during the pandemic
With technologies as a training pillar in the midst of the crisis, the most recent Manpower Group study indicated that “in the new normal, a need for cybersecurity experts, data analysts, software and application developers quickly emerges.”
Train yourself according to the area you aspire to work in
However, knowledge also depends on the industry or sector to which you want to access or in which the worker will work.
“The first thing is to evaluate your professional profile and face it with what the industry is requesting, that way you can know what skills you should promote,” advises Jonathan Reinstein, communications lead of Timbi.
Have you already thought about learning a new language?
On the other hand, language is a requirement that sooner or later may be required of a worker who needs to handle foreign clients or work material. Studying a new language from home is possible through mobile applications and online courses.
Rein stein said that “having a second language like English can be the key to many doors at the work level; In the background, languages such as Portuguese, Mandarin, and many others can also give you an advantage when applying for a job offer.”
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The Tembi expert told elempleo.com that, at the regional and national level, some of the most demanded profiles in the labor market are related to skills in blockchain, mobile and web application development, design and UX (user experience), as well as programming languages.
If you want to learn about cloud computing, another of the key formations in this crisis, you can start by exploring platforms such as Amazon Web Services (AWS) or Google Cloud.
To maintain contact between work teams, work on projects simultaneously, organize goals and calendars, there are other platforms in which the professional should be interested such as Trello, Monday, Notion and Slack.
This type of ‘apps’ allow you to strengthen work at home, so getting to propose and share this type of tools to a new company or work team will be useful.
Learning from home, if you have the tools, is accessible. Vera Ikona expert said that “our country has increased Internet coverage nationwide. Only, with the arrival of the pandemic, this issue became more relevant and is seen in all social strata, in all ages and for all professions.”
You may also be interested: Did you have your contract suspended? We explain how to access the subsidy of the National Government
Is money the problem?
Since the beginning of the year, the National Government together with some of its ministries opened the possibility of registering for free virtual courses in business, entrepreneurship, technology and data science and programming; all with their respective certification at the end of them.
In fact, through Google Activate we also offer free courses focused on mobile and web programming, e-commerce and digital marketing. The latter is one of the types of knowledge that today is requested not only from marketers, but also from communicators, publicists and other professionals.
“The invitation is to see this as an opportunity. The world will always belong to those who prepare and train in advance; machines can exist, but without a doubt the capacity and human talent is irreplaceable, so you have to be trained, “said Triana.
You can read about: Entrepreneurs, hoping to re-emerge after confinement
If you want to continue working from home and keep your job, it is essential to train in some of these areas. “Those with in-demand skills can make salary decisions, work remotely, avoid commuting and stay safe at home,” Muñoz Restrepo said.
The Manpower Group spokeswoman also advised companies to encourage remote learning and support employees so that their time is invested in new knowledge aligned with the needs of companies. By 2022, more than half (54%) of employees will require significant skills training.
When entering a company, an aspect that applicants and subsequent collaborators often overlook is that which corresponds to occupational hazards. Although an obligation that employers have is to guarantee affiliation to ARL, what is an occupational risk must be taken into account. According to the NCH18000, of the Risk Management System, it is “the combination of the probability of damage occurring and the seriousness of the consequences it produces ” in the occurrence of an accident or illness at work that may reach to put at risk the health and both physical and psychological stability of the workers.
Below we tell you about the types of occupational risks that a collaborator can have when joining a company, since according to Gina García, labor lawyer and specialist in occupational safety and health, they can be classified by the level of exposure and also for the factors:
– Physical risks:
They are caused by extreme thermal contacts, exposure to solar radiation, exposure to extreme temperatures, lighting, ionizing radiation, noise, ambient temperature, vibrations and abnormal atmospheric pressure.
– Chemical Risks:
These occupational risks are produced by uncontrolled chemical agents and by the environment.
– Biological risks:
Biological risk is one that arises from occupational exposure to biological contaminants (microorganisms that can cause damage to the worker), and accidents caused by living beings (animals and insects).
– Mechanical risks:
In this, the use of tools that can cause an accident in the worker who manipulates them, entrapment in facilities, entrapment by or between objects, entrapment due to overturning of machines or loads, hit by a vehicle, fall of people to the same is contemplated. level, work at heights, fall handling of objects, confined spaces, collision with immovable objects, collision with moving objects, collision with detached objects, direct electrical contacts, indirect electrical contacts, collapse collapse, uneven surfaces, handling of explosives, handling of products flammable, projection of particles.
Also, puncture of lower extremities, immersion of liquids or particulate material and handling of sharp tools.
– Ergonomic risks:
They are derived from inappropriate positions and postures, overexertion, handling of loads, indoor air quality (Carbon dioxide (CO2) concentration levels in offices greater than 1000 ppm generate discomfort and fatigue), forced positions, workstation with screen of data visualization, thermal comfort (heat produced by the body) and repetitive movements.
– Psychosocial risks:
These risks are caused by factors such as rotating shifts, night work, work under pressure, high responsibility, mental overload, meticulousness of the task, monotonous work, job instability, communication deficits, inadequate supervision, inadequate or deteriorated interpersonal relationships, demotivation, family uprooting, aggression or mistreatment, dealing with clients and users, criminal threat and emotional instability
– Environmental risks:
These are the only ones that we cannot control, since they are the possibility of a catastrophe occurring due to human action or a natural phenomenon.
Once the risks have been identified, their possible elimination, substitution, engineering control, administrative control and/or the use of equipment and personal protection elements must be verified.
Knowing the typology of occupational risks that a collaborator may face; we tell you which are the most common in face-to-face and remote work environments:
With regard to occupational accidents, the ones that occur the most are traffic accidents, entrapment of extremities in machinery, which can generate blows, cuts and amputations of upper or lower limbs. In addition, falls, from height or level, which can cause trauma. And if we talk about diseases, the most common in Colombia are carpal tunnel syndrome, unspecified lumbago and bilateral sensorineural hearing loss (gradual hearing loss).
With work done remotely, ergonomic risks are the most common. Neck pain, shoulder strain, forearm tenosynovitis, carpal tunnel syndrome, and De Quervain’s syndrome can occur due to poor posture. It should be noted that there is also a psychosocial risk, since working remotely can trigger stress or depression in many cases.
It is best to be honest when answering, as recruiters are trained to identify when a candidate is lying or is not clear about the answer.
Thinking about what to answer when you are asked in a selection process how you see yourself in the short, medium and long term can be even stormy, because perhaps your intention is not to last or stay a long time in that company – in case of being hired – but in any case, you understand that if you answer like this you may be discarded.
Cristina Herrera, manager of Talenti, a personnel selection firm, says that although this is a difficult question, you have to answer honestly, just as one expects to be in those moments, since what the company is looking for when asking is to see how much it can meet the expectations of its potential collaborator.
Comprehensive answers should be given that show what the person seeks to achieve at work, academic, family and personal levels.
Where do candidates fail?
“In giving answers in which self-criticism is not the best or that are unrealistic. If I am a recent graduate, I cannot pretend to be an area manager in two years and if I am an experienced professional, I cannot expect to be in an equal position in five years,” Herrera adds.
It’s a mistake to invent things for fear of not getting the job. Herrera adds that you must be honest with yourself, because it is very important to find a position that allows the person to achieve their goals and expectations.
The recruiter usually asks this question because he seeks to evaluate how much the company will meet the candidate’s expectation, then, it is detailed if the person meets the profile, but also if the company fits the candidate, his style and his desires and interests.
According to Herrera, the answer does not necessarily depend on the type of contract being offered. Although, if you are in a selection process where you know that the contract is for the provision of services, it is not logical that in the interview you say that you are looking for an indefinite contract. Consistency is important.
“Today the world of work is very dynamic, the way of hiring and working have changed a lot as well as what employees are looking for. The important thing is to match the expectations of the employer with the employee to avoid frustrations and waste of time, “concludes Herrera.
Do yourself good: answer honestly and how you really look in the short, medium and long term. Be logical and understand that every job is a step in the career you dream of. Set goals and actions to achieve them. That clarity will undoubtedly help you in a selection process. If you lie, not only can the company be affected, but you will be trapped in words that do not define you.
Before achieving a job interview, it is vital to present a resume that can pass the first selection filter.
“In the recruitment process, the information recorded in the resume is essential. Since it will allow to identify if the applicant meets the requirements requested in the vacancy. Their professional profile will be identified, their complementary studies according to the sector and needs of the company, the experience and achievements achieved in organizations, “Marilú Avendaño, leader of the Business Administration program of the UNAD, told elempleo.com.
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In fact, the resume can also serve toidentify competencies (or shortcomings) in spelling, writing, presentation, and synthesis skills.
Elements to make the administrator’s resume attractive:
1.A short, precise and orderly resume (CV).
2.Highlighted aspects such as skills, abilities and knowledge.
3.Detail the experience works with time and continuity.
4.Describe studies. With this you can identify the level of personal growth, development for the organization and learning curve.
5.Family. (Although this element is not indispensable, it can mean security, necessity, or stability.)
6. Demonstrate mastery or knowledge of current issues, such as Corporate Social Responsibility, Sustainability, Human Rights, among others.
7.Labor skills.
8.Proficiency in a second language, such as English.
You can also read: Frequently asked questions to ask a person applying for an admin profile
Highlighting experience is vital on the resume
According to Avendaño, in terms of the experience of the administrators, it is expected that they will be able to “apply the administrative process; structurally organize an organization from the inside out; simplification of processes; opening up to new markets; review investments versus returns and profits, among others.”
Always try to provide data that reflects the achievement of business objectives, for example:
1.With the studies I developed a program that increased productivity for the company.
2. Development of a product or service, which increased sales, service, and decreased complaints (PQR).
3.The innovation of collaborators with suggestion groups.
4.Ability to make decisions and process negotiation skills.
5.Generation of added value.
6. The contributions provided, the innovations made to a company, are important, as well as successful results of your management through indicators.
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The Soft Skills of a Business Administrator
This is a structural position to the organization, regardless of the area that is directed, therefore, it must possess and highlight managerial skills such as: leadership; teamwork; conflict management; coaching; learning strategies; as well as specific competencies for strategic planning, management of organizational resources, management and adaptability to change and uncertainty.
It is essential to include what digital tools the candidate knows how to use.
“All these professional competencies ensure sustainability to the company in accordance with its strategic direction and its mission objectives. Therefore, it is necessary for professionals to constantly update their knowledge in accordance with market requirements,” concludes Avendaño.
The transformation in business dynamics and the economic reactivation have generated an impact on the labor market and on the hours that workers meet, in order to offer them well-being and stability. One of the substantial changes was the adoption of different forms of work, faced with the need to resume face-to-face work.
According to the study carried out by the consulting firm Mercer, “Global Talent Trends 2021”,69% of business leaders in Colombia confirmed that they had developed flexible work policies and practices in their organization. Employees have understood that flexibility helps maintain a balance between personal and work life and thus contribute to increased productivity.
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Below we present the work modalities that are currently handled in the companies, at a national level, and the demands of each one, so that you take into account:
– Permanent telecommuting:
This modality requires collaborative tools that allow employees to communicate effectively. In addition, co working-type work spaces can be used.
– Hybrid work:
Companies have a physical space for essential activities, team meetings and clients. Collaborators can work some days of the week in the office or they also have the possibility of teleworking.
– Face-to-face model:
Companies that adopt this model prefer to have their employees physically in the work facilities.
According to the above, Sugueit Tautiva, Presales, manager of Axity, a Latin American company specialized in technology and information services, states the following:
“It is vitally important to prepare and protect yourself with services based on the best global computer security practices and from experts with a high level of confidence.”
Therefore, whatever the modality that companies or collaborators choose, it is important to take into account some parameters, which are:
Starting from scratch is usually an inevitable challenge, which must be assumed. For this, it is essential to prepare a curriculum that highlights the knowledge you acquired during your university education or extracurricular projects.
1. A brief introduction
At first, it is necessary to make a brief profile where the student describes their skills, interests and possible fields of action in the company or sector in which they want to work. Recruiters usually review many resumes and in a few seconds these documents must be of interest to you or they will be discarded.
2. Relevant skills and knowledge
According to each career, other relevant aspects are the “knowledge and skills in the digital environment, since young people usually handle digital media properly or adapt with great speed to them; it can also account for the development of courses, diplomas or other activities of an intellectual nature that they have developed, inside or outside the university, “says Esperanza Díaz, research professor at the University of La Salle.
The application of the knowledge learned in temporary jobs, research or seedbeds, usually have great influence when hiring an intern or recent graduate, since the application of the student’s knowledge or approach is demonstrated.
3. The personal profile
Also, in the resume you can make a ‘personal’ profile that highlights other types of skills, values or skills. They can include “volunteering and sports, since they are activities that involve discipline, training, teamwork and the fulfillment of objectives,” says Paola Andrea Pardo, psychologist and professor at EAN University.
4. Work and personal references
It is also vital to ‘harvest’ a good relationship and work with the faculty teachers, as these can serve as the references that you capture in your resume, they are also a channel with the world of work. According to Pardo, “many teachers support their students through different projects and may recommend them to some organizations.”
5. Professional practice
If you have already graduated, you should opt for a curriculum that enhances the results and contributions you made during your professional practice, since it is a unique moment where you could acquire knowledge, experiences, contacts and work references that enrich the professional profile.
6. The design
The style and color of the resume depends on the graduate, the career, personal taste, the company and position to which it is applied. Although it is generally not required to have a picturesque document, it is important that you are organized and structure the information in sections.
A good and first impression can be the result of “an original, creative and truthful curriculum, which is a support of what is described there, and that demonstrates that you have academic knowledge and experience to respond to activities and responsibilities assigned inside and outside the university,” concludes Díaz.
At the beginning of a new year, the search for employment is a recurring action of those who, due to different circumstances, have become unemployed. However, sometimes the dismissal of a worker is unjustified and it is at that moment that the question arises: What are the rights that an employee has when dismissed?
Below we inform you of the options provided by law in the event that a person is fired.
– Liquidation: In accordance with the provisions of the Substantive Labor Code, people who are linked under an indefinite term contract and are dismissed, are entitled to a liquidation, an amount that corresponds to vacations pending to be enjoyed, social benefits owed, unpaid wages, etc.
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– Compensation: In case of being fired and not having received his salary or benefits, the employer must pay compensation that will be equal to the last daily salary received by the worker and will apply to each day of delay.
It should be noted that the corresponding severance payment must be made that has not been consigned to the affiliated fund. Likewise, upon dismissal, the worker has the right to receive his payment from the moment in which he is notified of the termination of the contract until his last day of work, as well as a discharge medical examination, this to review his state of health and that the dismissal is related to a medical issue.
Something that is often overlooked and that is very important is that when leaving a company, a labor certification must be given to the person who leaves a company stating the time worked, the position and the salary earned.
What if there is a dismissal without just cause?
This happens when the employer does not have any of the reasons contemplated in article 62 of the Substantive Labor Code, such as: having suffered deception by the worker, violence, injury, indiscipline, some material damage, immoral or criminal acts, the violation grave of the obligations or prohibitions.
When a person is dismissed without just cause, the employer must pay him compensation according to the type of contract he has.
