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Colombia: New modification of guidelines on the implementation of biosafety protocols of companies

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In brief

The Ministry of Health and Social Protection issued Resolution 392 of 2021 by which it modified Article 2 and sections 4.1 and 5 of the technical annex of Resolution 666 of 2020, recently modified by Resolution 223 of 2021 regarding biosafety protocols.

The main additional modifications are:

  1. The obligation to test body temperature of employees, contractors, suppliers, customers and any other person is eliminated.
  2. Measures as cleaning of shoes, register of clients, providers and visitors are eliminated.
  3. The obligation to implement the daily survey of symptoms associated to COVID‑19 and body temperature for employees working remotely has been modified. Now the employer may implement the symptom monitoring system in the best manner considered by it to monitor the health status of its employees working remotely, as well as to prevent the entry of individuals with symptoms related to COVID‑19 in the employer’s facilities, preventing outbreaks within the workplace. The monitoring system shall not include temperature testing. Additionally, there must be a random follow-up on a daily basis to employees working remotely.

It is important to mention that these measures shall be adopted in coordination with the specific guidelines determined for each economic sector and with the recent modifications introduced by Resolution 223 of 2021 that are still in force.

Considering the foregoing, employers should review their biosafety protocols and proceed with corresponding modifications (if applicable).

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Author

Tatiana Garces Carvajal is a lawyer and a specialist in Labor Law, graduated from Pontificia Universidad Javeriana, with post-graduate studies in Commercial Law from Universidad de los Andes. She has over 30 years of experience advising major clients on matters related to individual and collective Labor Law. For three years, she worked at Alcalis de Colombia, occupying the positions of Director in charge of the HR Department, head of the Legal Division of the Betania Plant, and as a Lawyer in the Legal Department. Previously, she worked as Head of the Personnel Department at AGA Ltda., and as a paralegal at the law firm Esguerra, Gamba, Barrera y Arriaga Asociados. In addition to her experience as professor, lecturer, author of several publications and arbitrator in labor collective disputes, she served as technical adviser to the employers’ delegate for Colombia at the 98th Session of the International Labor Organization in Geneva (2015). She also participated at the 93rd Conference (2009). Currently, Tatiana is a member of the Javeriana University Law School Council representing graduates from Universidad Javeriana. She joined Baker McKenzie Bogotá office in 1992 as an Associate in the Labor Law department and was appointed partner on July 1st, 2000. In 2017 she was appointed as Managing Partner for Baker McKenzie Bogotá office, which made her the first woman in Colombia to hold this position in a law firm. In addition to this position, she led the Employment and Compensation group in Latin America, until June of 2021. In the exercise of these functions, Tatiana was part of the Steering Committee of the Global Employment and Compensation Group, as well as of the Global Policy Committee of Baker McKenzie. Currently, she is part of the Employment and Compensation Steering Committee for Latin America, leads the Bogotá Employment & Compensation practice and as a member at large is part of the Global Employment & Compensation Steering Committee of Baker McKenzie.

Author

Evelyn Romero-Ávila joined Baker McKenzie Colombia in 2000 as a associate in the labor department. She was named local partner in 2009. Prior to joining the Firm, Ms. Romero was an associate for an important local law firm and a legal assistant for Science Applications International Corporation. She has also written numerous articles on Colombian labor law for Legal Review Latin America.

Author

Maria Cecilia Reyes is an associate in Baker McKenzie Colombia’s Labor and Immigration practice. She is involved in social security and immigration matters, and focuses on pension issues, expatriates, compensation and benefits, and negotiations. Ms. Reyes joined the Firm in 2005 as a student in the Labor Practice Group.

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