Colombia Failure to Meet Reasonable Job Expectations
When a member is not performing based on the Key Performance Indicator (KPI) that you have set for them, whether they are under the probationary period or regular employees, you have to ensure that you have properly documented your evaluations via FiltaHR.
Pre-Regularization Period (Probationary Period)
- Monitor and evaluate the member's performance. Feedback is provided during the 3rd and 5th weeks via FiltaHR, highlighting strengths and areas for improvement.
- If the employee fails to meet behavioral or performance standards, communicate specific issues and provide guidance for improvement.
- As per the Colombia Labor Code, if performance does not improve, you may terminate employment for just causes outlined in the Employee Handbook or the Labor Code. Ensure due process by giving appropriate notice.
Click here for more information on the Pre-Regularization Period in COL
Post-Probation Period (Regularization Period)
- Submit a failed evaluation in FiltaHR with supporting evidences and documents
- Submit a ticket via Freshdesk to coordinate the next steps based on the manager's considerations.
Click here for more information on the Post-Probation Period
Termination with Fair Cause
Termination with fair cause occurs when an employer has legal grounds to end an employee’s contract due to misconduct or failure to meet work-related responsibilities. Given that Filta’s procedures are designed in compliance with local regulations, it is essential for the client to strictly follow this established process. To ensure transparency and legal adherence, the manager must:
- Provide the documentation requested by Filta.
- Follow due process, including providing the appropriate notice.
Strict adherence to these steps guarantees compliance with regulatory standards and upholds a clear, fair approach throughout the termination process.
Termination without Fair Cause
Termination without fair cause allows employers in Colombia to terminate employees without a specific reason. However, this type of termination requires the employer to provide severance pay based on the employee’s length of service, as follows:
- For employees with less than 1 year of service: The employer must pay the employee 30 days of salary as severance. This amount is fixed and cannot be pro-rated.
- For employees with more than 1 year of service: The employer must pay 30 days of salary for the first year of service plus an additional 20 days of salary for each subsequent year, pro-rated for any partial years beyond the first.
If you have further questions, we'll help you out!
Was this article helpful?
That’s Great!
Thank you for your feedback
Sorry! We couldn't be helpful
Thank you for your feedback
Feedback sent
We appreciate your effort and will try to fix the article
