EMPLOYEE RIGHTS – DEDICATED STAFF IN COLOMBIA

  1. HOURS
    1. The Dedicated Staff work for ten (10) hours a day (inclusive of meal breaks), five (5) days a week.
    2. Hours work include all time during which the Dedicated Staff are required to be on duty or to be at a prescribed workplace. Outsourced, as part of its policy, adheres to a fifteen (15) minute grace period at the beginning of their shift. During that grace period, the Dedicated Staff would not be considered tardy. Tardiness shall be counted upon the lapse of the grace period.
  2. MEAL BREAK
    1. The Dedicated Staff are given a two (2) hour meal break per day which the Dedicated Staff can take on a continuous two (2) hour break, or divided to two (2) equal one (1) hour breaks..
    2. The two (2) hour meal break shall not be deemed compensable.
  3. HOLIDAYS
    1. Dedicated Staff are entitled to take standard Colombian holidays as provided under https://outsourced.co/colombia/public-holidays/ This includes all other national or city holidays that may be declared by the Colombian Government.
    2. The Colombian Government may announce unplanned and/or movable holidays. The Client will be notified at least seven (7) days in advance upon declaration of the Colombian Government.
    3. If the Client requires the Dedicated Staff to report for work on a holiday, the Client shall be invoiced the corresponding premium pay.
    4. If the Client does not require the Dedicated Staff to report for work on a holiday, the same shall still be invoiced as a worked day in compliance with Colombian Labor Laws.
    5. The holiday schedule of the Client’s country shall not be considered in determining whether Dedicated Staff should work or not.
  4. LEAVES
    1. Company policy leaves
      1. Standard Leave Policy
        1. The Dedicated Staff are entitled to fifteen (15) vacation days upon completion of (one) 1 year of service. Dedicated Staff acquire 1.25 vacation days per month of actual work during their 1st year of service.
        2. The Dedicated Staff is entitled to a maximum of one hundred eighty days (180) sick leave during a year provided it is a non-occupational disease. Sick Leave is covered by Social Security after 2 continuous days off. Employees must provide a Colombia Social Security authority Document.
        3. The paid leaves are in addition to the holidays provided under Clause 3 of this Schedule.
        4. These company leaves are considered as paid leaves which are invoiced to the client annually at the day rate should these leaves be unused, which shall likewise be applicable for Dedicated Staff who leave at the middle of the year.
      2. Policy on Mandatory Time Off. Mandatory time off or forced leaves due to non-operating business days and/or holidays of the client, or any analogous causes, or upon request of the client, shall not be applicable to Outsourced and the dedicated staff.
      3. Leave Cash Conversion
      4. Outsourced provides its Dedicated Staff with a standard policy on unused earned leave conversion to cash yearly for a maximum of five (5) vacation days. In the event that the Dedicated Staff opts to convert said unused earned leaves to cash, the Client is invoiced on an annual basis within the first quarter of the calendar year.
      5. However, if the Client opts to have its Dedicated Staff exhaust all of their leave days within the year instead of converting unused leave to cash, this shall be communicated to Outsourced in writing prior to the placement of the Dedicated Staff.
      6. Once the Client has chosen the preferred leave policy, it will remain in effect for the duration of the Contract, unless otherwise modified, revised, amended or agreed to in writing by both parties.
    2. Statutory leaves

      The following leaves may be availed by the Dedicated Staff based on the foregoing circumstances:

      1. Marriage Leave
        1. A Dedicated Staff is given five (5) days of Marriage leave.
      2. Study Leave
        1. The Dedicated Staff is given a maximum of ten (10) days per year for attending a training program which is related to or tied to their service.
      3. Maternity leave
        1. Colombian labor laws provide that any Dedicated Staff who fall pregnant are entitled to a total of one hundred twenty six (126) days / eighteen (18) weeks of maternity leave. The maternity leave shall be taken one (1) week before birth, while the remaining seventeen (17) weeks shall be taken after.
        2. The standard maternity leave may be extended for an additional two (2) weeks should the Dedicated Staff give multiple births.
        3. Should the Dedicated Staff have a premature birth, or an abortion, the said Dedicated Staff shall be entitled to an additional two (2) weeks from the standard eighteen (18) week maternity leave.
        4. Breastfeeding Dedicated Staff are guaranteed an additional two (2) rest breaks consisting of thirty (30) minutes each day for breastfeeding.
        5. The Dedicated Staff shall remain assigned to the Client during her maternity leave and shall not be dismissed or her services terminated during this period.
        6. Should the parents of the newly born child be both Dedicated Staff of Outsourced, said parents may allocate the last six (6) weeks of maternity leave amongst themselves. Thus, the mother may assign her remaining leave days to the father, provided they are both Dedicated Staff of Outsourced at the time of assignment.
        7. Any fees in relation to the maternity leave taken by the Dedicated Staff is shouldered by the Colombian Social Security agency. The Client will not be invoiced for maternity leave fees.
      4. Paternity leave
        1. A two (2) week paternity leave may be availed by a married male Dedicated Staff, allowing him to assist in the childbirth, recovery and nurturing of their child.
        2. The Colombian Social Security agency reimburse the salary of the Paternity leave paid by the Employer.
      5. Bereavement Leave. A Dedicated Staff is given five (5) days bereavement leave.
        1. Bereavement Leave shall be applicable should the deceased family member fall under any of the following:
          1. Spouse, or permanent partner;
          2. Family members within the second degree of consanguinity;
          3. Family members within the first degree of affinity; or
          4. Family members up to the second degree of kinship.
  5. PREMIUM PAY

    Outsourced invoices the Client the corresponding rates should the Dedicated Staff be required to work under the following circumstances:

    1. Work on a holiday or a Sunday
      1. 175% of the standard charge out rate per day, if the Dedicated Staff work on a regular holiday or on a Sunday.
    2. Overtime work
      1. Overtime work rates apply if the Dedicated Staff performs work or services above the part-time or full-time hours agreed upon, which shall be invoiced at 125% of the hourly rate on the standard work week.
      2. Overtime shall only be performed following a written request and approval from the Client.
    3. Night Shift differential
      1. Night shift differential rates apply for work or services performed during the night time in Colombia. Night shift differential applies for any work performed between 9:00 PM and 6:00 AM, Colombia time. The following rates shall apply for the following instances of Night Shift Work:
        2. Type of Night Work Additional Pay Total Pay Rate
        Regular Night Work 35% premium on the regular hourly wage 135% of the regular hourly wage
        Overtime Night Work 75% premium on the regular hourly wage 175% of the regular hourly wage
        Night Work on a Sunday or Public Holiday 100% premium on the regular hourly wage 200% of the regular hourly wage
        Overtime Night Work on a Sunday or Public Holiday 150% premium on the regular hourly wage 250% of the regular hourly wage
    4. Work on a rest day
      1. Dedicated Staff are entitled to two (2) rest days per week. Any work performed during the Dedicated Staff’s rest day shall be invoiced 175% of the standard charge out rate per day.
  6. SECURITY OF TENURE
    1. The Dedicated Staff are entitled to security of tenure and may only be dismissed with just and valid cause and observance of due process.
    2. Outsourced properly observes due process, through the assistance of the Client in the following manner:
      1. Report on the performance, behavior, or action of the Dedicated Staff to be forwarded to Outsourced;
      2. The report shall contain a brief and concise narration of the incident which brought about the report, together with documentary proof;
      3. Outsourced, through its Human Resources Department (HR), shall issue the necessary Notice to Explain to the Dedicated Staff, giving the staff an opportunity to explain themselves.
        1. In case of performance issues, the Dedicated Staff shall also be placed under Performance Improvement Plan (PIP) for not more than thirty (30) calendar days.
        2. The Dedicated Staff placed under PIP shall be given an opportunity to improve their performance based on parameters and/or guidelines provided by the Client.
        3. Prior to the expiration of the PIP, Outsourced shall request feedback from the Client in relation to the Dedicated Staff’s performance.
        4. Should the Dedicated Staff improve their performance, the Dedicated Staff shall remain assigned to the Client.
        5. In case the Dedicated Staff fail to reach the parameters, or worsen their performance, the Dedicated Staff’s services shall be terminated.
      4. Upon submission of the written explanation, the HR shall assess the Client’s report and the Dedicated Staff’s explanation and render a decision whether or not to impose disciplinary action or dismissal of employment of the Dedicated Staff.
    3. Redundancy
      1. Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. In the case of this Agreement, since the Dedicated Staff are engaged by Outsourced due to the Client’s requirements or specifications, any termination of this Agreement shall be categorized as redundancy.
      2. In case of redundancy, the Client is required to provide written notice to Outsourced sixty (60) calendar days prior to the intended termination thereof, and the terms under Clause 11.3, 11.4, and 11.6 hereof shall apply as necessary.
      3. The staff shall be paid redundancy pay equivalent based on the Dedicated Staff’s monthly salary in relation to the prescribed minimum wage in Colombia:
        4. Category Severance Calculation
        Up to 10x Minimum Wage 30 days’ salary for the first year + 20 days per additional year
        More than 10x Minimum Wage 20 days’ salary for the first year + 15 days per additional year
        Basis for Calculation Last salary received (including fixed allowances)
        Eligibility Termination without just cause or due to redundancy

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