Examinando por Materia "Sistema de Seguridad Social Integral"
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Ítem COVID-19: estado de emergencia sanitaria, normas gubernamentales y los efectos laborales en Colombia(Universidad EAFIT, 2020) Zapata Moreno, Nataly; Múnera Posada, ArmandoThe decree 417 of the 17 of march of 2020 declared a state of economical, social and environmental emergency throughout the national territory of Colombia. This decree was the response of the Colombian government to the public health crisis caused by the spread of the COVID-19 viral disease, declared as a global pandemic by the World Health Organization (WHO). In this state of emergency several norms regarding labor have been issued. These norms have a direct effect on workers, companies and their relations thought the law. In this work, these norms will be analyzed taking into account what is established by law and pronouncements of the jurisprudence. The effect of these norms will be studied and the changes with regard to ordinary labor norms will be determined. Finally they will be compared with the norms adopted by the government of Spain, one of the most affected countries worldwide, in the context of the same emergency.Ítem ¿Cuáles son los límites y la unidad de criterio establecidos por la ley y la jurisprudencia para los pagos no constitutivos de salario?(Universidad EAFIT, 2020) Congote Lopez, Sara Maria; Múnera Posada, ArmandoIn 1990 article 15 of Law 50 amended The Colombian Substantive Labor Code on its article 128, opening the possibility to celebrate salary exclusion agreements in Colombia, stating that the parties could expressly agree that payments in money or in kind would not constitute wages. However, it wasn’t clear if this generated a benefit for the worker, or instead affected their rights, since there can be an evasion in the payment of social benefits and contributions to the Integral Social Security System. Therefore, through the construction of a jurisprudential line, taking into account what is established by law and pronouncements of the doctrine, it will be analyzed which are the limits and freedoms that are established to regulate non-constitutive salary payments, it will also be determined with the analysis the contradictions that have been presented over time between them.