Discussion On The Ampiation Of The Maternity License In Colombia

DISCUSSION ON THE AMPIATION OF THE MATERNITY LICENSE IN COLOMBIA

The work to be observed is carried out in order to express the knowledge acquired regarding the subject concerning the extension that is intended to be done regarding the maternity leave implemented in Colombia as a right. It is a very important issue today taking into account the factors that would affect their extension and how people would react at the forefront of these sectors with the extension.

For this reason, the knowledge of the issue is also necessary for people who are directly linked to the right taking into account that issues like this are found in our daily lives these people who can see it from an objective perspective and from it power Provide the respective information and help people who require it.

When dealing with maternity license issues, we must be clear about the concept, what it is and how it is stipulated in Colombian legislation. Based on the law that modifies article 236 of the Substantive Labor Code, the maternity license is that right that women have in a state of pregnancy, to absent their work within 18 weeks in order to prevent any complication in the last stage of pregnancy and give the respective care to the already born.

To talk about the discussion that exists following the expansion initiative of the maternity license, we have to be clear about the concepts and everything that is already stipulated in Colombian legislation regarding the issue. Currently, the maternity license issue is regulated by Law 1822 of 2017 in which the time period is established in which pregnant women can enjoy their license, and from this precept, it is spoken about everything concerning That term and the prohibition of the dismissal of those women who remain is a state of pregnancy.

The difference between what was previously established and as is governed now, the maternity license is basically based on the legal term for obtaining the same. Previously only a term of 14 weeks was granted, which from the sanction made by the former president of the Republic Juan Manuel Santos, was changed to 18 weeks which must be paid. (Javeriana)

Despite the extension carried out in 2017, Colombia is at a disadvantage with some countries such as Sweden, which grants 96 weeks of license with a remuneration of 80% of the salary, which in sight seems unattainable for Colombians. Norway stipulates 46 weeks of maternity leave and the remuneration of 100% of the salary and in this way, there are other developed countries carrying the lead in aspects of maternity leave.

On the other hand we are not the only country with a low maternity license, there are also other countries such as Argentina and Peru that its license is 13 weeks which is a term less than established in Colombia.

Now let’s go to analyze the situation to find an response to the variation of days granted in countries regarding maternity liquefies. Here what is evidence.

When talking about the rights of the one to be born, reference is also made to the right that the mother has in the first months of life to give the necessary attention to her child (@) taking into account that it is essential for a newborn attention of a father. Having little time to perform such attention, this right is hindered to some extent.

We must also observe a fundamental point in this issue and it is the possible violation that could be submitted to women in the future, if the maternity license is increased, taking into account that for the managers or owners of the companies it would not be profitable to hire A woman or a group of women who are at the average age to get pregnant, which according to money magazine is 27.7 years. In this way the possibility of these women would be reduced to obtain a job following their condition.

There is a topic that highlights when doing the study regarding legislation on aspects of maternity and legislation license as such and is the difference between countries that provide more license time and those that do not. The difference from the point of view of underdevelopment between these countries is clear from the point of view. The level they have in social, economic, political aspects, etc. Which makes both the legislation and the results of it equivalent to its level of development.

Seeing the countries that have most granted time to maternity licenses, we can realize that there are those countries that meet a high level of development around the world, such as Norway, Australia, Switzerland, Denmark, among others. In the same way in countries with a low level of development, there is clearly a shorter time stipulated for maternity leave, such as Argentina, Peru, Colombia.

To make a conclusion regarding the topic discussed above, it is essential to take into account when expanding the maternity leave time, the reaction that all fields that relate or depend on this permission granted. It is important both the right that is to be born and that of its mother or guardian, but it is also important to see how companies and the production sector affect this. This is why the study must be thorough so that no right is not affected.

References

• Colombia, c. d. (January 20, 2017). DaPre.presidency . Obtained from DaPre.Presidency: https: // dapre.presidency.GOV.CO/REGULATIONS/REGULATIONS/LAW%201822%20DEL%204%20DE%20Enero%20de%202017.PDF
• Javeriana, u. (s.F.). Javeriana.Edu.co. Retrieved on the 13th of 2019, from Javeriana.Edu.CO: https: // www.Javeriana.Edu.CO/mentalpuntodeopoyo/?P = 812
• Work, or. Yo. (May 06, 2011). job.com. Obtained from employment.com: https: // www.the job.com/CO/News/Research-Labor/Countries-Con-Mas-Dias-De-Licencia-De-Maternity-In-El-Mundo-4058