Publicación:

Alcance jurisprudencial de los pactos de exclusión salarial previstos en la legislación colombiana

Resumen

An objective analysis of the amendment to Article 128 of the Substantive Labour Code is presented, through Article 15 of Law 50 of 1990, which introduced the "wage exclusion agreements": agreement between employer and worker on form, limits and amount of payments that do not constitute wages. Therefore, its benefits and disadvantages will be indicated, in addition to the conflicts that have generated its misuse, having to go before the ordinary labor jurisdiction and the Constitutional Court through claims of unconstitutionality, to establish its Validity. Therefore, pronouncements of the high Colombian Courts will be presented, some of which safeguard the rights of workers, as a weak end of the employment relationship