Social Protection Floor: INEXEQUIBLE

Under this regulation, employers would not have the obligation to affiliate and make payments to the General Social Security System - SGSS (Health, Pension, Compensation Fund, Parafiscal and Labor Risks) to those workers with a part-time dedication who earn monthly incomes lower than 1 SMLMV, nor would independent contractors have this obligation, but they would be obliged to be linked and pay a contribution to the PPS.

This article was then reviewed by the Constitutional Court through Ruling C-276 of 2021, under the presidency of Justice Alejandro Linares Cantillo, declaring this provision unconstitutional since this type of rules should be regulated through ordinary legislation and not through a National Development Plan (PND).

The Court stated in the sentence that "the law that approves the National Development Plan must only contain provisions that have an instrumental character, that is to say, that have a relationship of means to end to promote the fulfillment of the Plan, with the goals set forth in the general part of the same".

Likewise, the high court specified that the effects of the decision will be implemented as from June 20, 2023, in order not to affect the rights of citizens who have already joined the mechanism and therefore, the National Government has until that date to try to have the regulation made through an ordinary law.