April 30 is the deadline for the delivery of the workers' endowment.
Among the obligations established by the labor legislation in charge of the employer and in favor of its workers, there is the one referring to the "Delivery of Endowment" set forth in Article 230 of the Substantive Labor Code, as amended by Article 7 of Law 11 of 1984, which provides that: "Every employer who habitually employs one (1) or more permanent workers, shall provide every four (4) months, free of charge, one (1) pair of shoes and one (1) work clothing to the worker, whose monthly remuneration is up to two (2) times the highest minimum wage in force. The worker who on the dates of delivery of shoes and clothing has completed more than three (3) months in the service of the employer is entitled to this benefit." (Emphasis out of text).
For its part, the Constitutional Court in Decision C-995 of 2000, determined the following: "The provision of footwear and work clothing as an obligation of the employer in favor of the worker, has the legal nature of a social benefit insofar as it consists of a payment in kind made in order to cover the need for clothing that originates in the same labor relationship. (Emphasis outside text).
In this way, and according to the previously stated, there are only four (04) days left for the deadline stipulated by the Law for employers to deliver the endowment to their respective workers, under penalty of being imposed the administrative sanctions referred to in Concept 36107 of November 30, 2017 which indicates that "In case of failure to provide the endowment of footwear and work clothing under the conditions established by law, the employer may incur fines equivalent to the range of one to 5. 000 legal minimum wages in force, in accordance with the provisions of article 486 of the Substantive Labor Code. The fine will be subject to the favor of the judge, based on the criteria of the Labor Inspector. (Emphasis out of text).
It should be specified that the actions corresponding to the right of the workers to receive every four (4) months the respective endowment for the performance of their duties prescribe in three (3) years, which are counted from the time the obligation has become enforceable, term that will be understood to be interrupted by the simple claim of the worker notified to the employer.
It is necessary for employers to comply with the labor obligations set forth in the Law because this guarantees that: i) they are providing sufficient guarantees to ensure that workers develop and perform their functions; ii) they avoid the imposition of fines and penalties, as well as the filing of labor lawsuits against them; iii) they avoid the imposition of fines and sanctions, as well as the filing of labor lawsuits against them; iv) they avoid the imposition of fines and penalties, as well as the filing of labor lawsuits against them; v) they avoid the imposition of fines and penalties against them.
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