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Problems at work? This is how a right of petition is drafted

Employees can face unfair and uncomfortable situations at work and to face them you have rights that should not be denied.

Thanks to the several doubts of its users have been resolved and they have been advised to use the right of petition in different cases. Therefore, the portal presents an indication on how to present a right of petition; This mechanism allows the individual to make a claim about a situation before a public or private entity.

“Everyone has the right to submit respectful petitions to the authorities for reasons of general or particular interest and to obtain a prompt resolution. The legislator may regulate its exercise before private organizations to guarantee fundamental rights.”, announcesArticle 23 of the Political Constitution of Colombia.

“The right of petition is a right of constitutional rank enshrined in the Political Constitution. It is said that it is of fundamental rank in that it protects a right, which if not attended to gives rise to the exercise of the tutela action, “says Consuelo García, a lawyer specializing in Social Security.

It is usually done before a state institution, but also before individuals when the applicant “is in a situation of subordination or in cases in which the person before whom it is requested, exercises a dominant function or position vis-à-vis the petitioner; this is the case of the petitions that workers can act before their employer,” says García.

How is it written?

In a petition you must specify:

Authority or entity you are addressing.
Name and surname of the applicant.
Applicant identification number.
The address where the response is sent.
Subject matter of the request.
The reasons on which the request is based.
The list of documents or evidence presented to initiate the procedure.
The petitioner’s signature.

Keep in mind

In the document you can also put data or contact information such asemail, cell phone number or city.
The term to resolve the request, except for special rules, is 15 days from the receipt of the request.

Do you want to know where to retire? You have the right to double advice

Take this right seriously so that you choose with time and knowledge the best option, whether it is a private fund or Colpensiones. Every worker knows that he must contribute to a pension and, at the time of hiring, he joins a private fund or Colpensiones. However, there is a lot of ignorance regarding and, above all, to which regime it is best for us to belong.

During the first 20 years of the existence of the system of competing pension schemes, workers simply decided and expressed their willingness to join the relevant entity. According to the book “How are we going to retire?”, by the editor of Economy of El Tiempo, Mauricio Galindo, of the people who in 2013 decided to move from a private fund to Colpensiones only 24.2 percent had the possibility of retiring, while 75.8 percent would not achieve it; Therefore, it had to wait for the return of contributions that are updated with inflation and are lower than those of private funds.

In view of this, the so-called “Double Advice” was created, which is that if you want to change your regime you must first have two free consultancies: one offered by the regime in which you are currently and another that they offer you from the regime of your interest. It is valid to say that, as of October 2018, this is a right for any worker regardless of age, and both private funds and Colpensiones are obliged to offer this double advice.

What is done in this double service is that both the private fund and Colpensiones review the information of your work history, that is, all the contributions made by you during your working time, to date. In addition, projections on age and pension amount are specified. Also, weeks quoted when you reach the pension age and alternatives if you do not meet the requirements to retire, depending on the rules of each regime.

In the two consultancies you receive data from your old-age pension projection in different scenarios.

“It is worth taking this double advice seriously, not as another requirement, because that information that comes out there is vital to avoid making a wrong decision, because each story of each worker is different, there are no general rules,” recommends Mauricio Galindo, in an interview with elempleo.com.

Then, depending on your particular circumstances, you may be better suited to a private fund or Colpensiones. Do not run the risk of making a wrong decision, contact the respective entity and schedule your advice.