Parents could bring their children to their place of work
Among the obligations contemplated and imposed by the Colombian labor legislation in charge of the employers and in favor of the workers, is the one set forth in article 104 and subsequent articles of the Substantive Labor Code, which refers to the need to implement a Work Regulation containing the necessary conditions and guidelines to which both parties to the labor relationship must be subject in the provision of the service.
In this way, the Labor Regulations are a tool that guarantees the protection of workers' rights, since they contain provisions regarding admission conditions, type of hiring, working hours, remuneration, occupational hazards, order and safety conditions, among other aspects of special importance and observance for employers.
Thus, the Ministry of Labor, through concept No. 9141 issued on March 10, 2018, stated the possibility that "parents bring their children or minors permanently to the workplace to be accompanied by them" specifying that, since this assumption is not provided for by the labor legislation, it must be regulated by the employer through the Labor Regulations.
The above under the understanding that it is in the Labor Regulations, where the employer, in compliance with the regulations in force, materializes the guidelines that govern the actions of its employees in order to ensure not only a good working environment but also a better performance in the development of the work performed by them.
In this way, the Ministry of Labor, by means of the Concept issued, delegated to the employers the obligation to include in their Labor Regulations the necessary parameters to comply with the new assumption, so that this does not negatively influence the proper functioning of their economic activity and the proper development of their corporate purpose.
In conclusion, the Internal Labor Regulations of each organization should be carefully reviewed to ensure that this situation, as well as other similar ones that may arise, are regulated. In this way, the coexistence of the fundamental rights of the workers with the correct performance of the activities that make up the corporate purpose of the company can be guaranteed.
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