Tag: worker

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Tips & Tricks

What type of occupational hazards is a worker exposed to?

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.

What type of occupational hazards is a worker exposed to

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.

Categories
Tips & Tricks

What right does a worker have if he is fired?

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?

What right does a worker have if he is fired

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.

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How To

How is the settlement for a worker who earns full salary

The comprehensive minimum wage in force for 2021 is $11,810,838, equivalent to 10 minimum wages. If there is something that interests a worker is his liquidation, either because he resigns or because he is fired with or without just cause. However, some They have doubts about what should be paid, for example, to those who earn a full salary.

How is the settlement for a worker who earns full salary

The comprehensive minimum wage for 2021 in Colombia is $ 11,810,838, a figure that corresponds to the sum of 10 monthly minimum wages, plus a 30% benefit load equivalent to three minimum wages, according to Law 50 of 1990 and Article 132 of the Substantive Labor Code (CST).

It is valid to clarify that the above sum is the minimum to be considered full salary, however, between employer and employee can agree – without problem – a salary with a higher amount of income.

The comprehensive salary is a form of remuneration that includes social benefits.

Jorge Alberto Hernández, a specialist in Human Management at the Universidad Piloto de Colombia, says it is important to keep in mind that the integral salary must always be agreed in writing.

A worker who has this type of salary is entitled to enjoy 15 working days of rest for each year worked. And, in the same way, the company must liquidate your vacation.

“When you have an employment contract, whether for an indefinite term or a fixed term, but with a full minimum wage, at the time of resigning or being retired with just cause, within your settlement the worker must only be paid the days that have not paid him from his last working month and, if he has, the proportional to the vacations to which he is entitled, “, Hernández clarifies.

In short, if you earn a full salary, your settlement is like this: if you are dismissed for just cause or if you resign, you will be paid the days of the month that have not been paid and the corresponding to the vacation days you have pending to take.

For the settlement with compensation, the entire comprehensive minimum wage is taken as a basis.

If you are retired without just cause, according to article 64 of the CST, modified by article 28 of Law 789 of 2002, you must be compensated with 20 days of salary for the first year worked, and with 15 days of salary for each year you have worked subsequent to the first -or proportional to what you have worked-, plus the pending holidays and the days of the month that you have not been paid. All of the above is done on the full comprehensive minimum wage.