No coercion of workers to take unpaid leave due to the coronavirus situation.

Published: March 30, 2020
No coercion of workers to take unpaid leave due to the coronavirus situation.

The Ministry of Labor issues Circular 027 of March 27, 2020, in order to prevent abuses derived from coercion, which could be exercised by some employers so that their workers proceed to sign unpaid leaves of absence.

Based on sentence C - 930 of December 10, 2009, it points out that the work suspensions are not due to causes attributable to the employee or the employer, but to the legislator's prescriptions or to circumstances of force majeure or fortuitous event that have occurred as a result of the COVID-19 coronavirus.

It is not possible for the burden to be assumed by the worker either economically by means of a discount on his salary or in personal work affecting his right to rest is not in accordance with the Constitution, since for the worker the salary and rest are fundamental rights that cannot be waived.

Therefore, it is not allowed to force workers to request and agree to take unpaid leave, since such practice, in addition to being illegal, painfully affects the life of the worker and his family, not being able to have sufficient income to meet the crisis.