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What is the principle of progressivity in labor law?

The principle of progressivity stems from the International Covenant on Economic, Social and Cultural Rights,

in which the states that have ratified and adopted said pact have committed themselves to adopt measures to progressively achieve, by all appropriate means, the effectiveness of the rights recognized therein; however, this principle is not found in an exhaustive manner in the Law, but is stipulated as a derivation of the principle of unrenounceability.

In this regard, Article 53 of the Colombian Constitution establishes the fundamental principles on which labor law must be based in our country and makes it clear that all regulations, agreements or contracts may not infringe on workers’ rights, dignity and freedom, and based on this, any law that is created must be aimed at improving the fundamental principles. (Our labor lawyers can advise you on this matter).

First of all, it is important to know that these principles seek to prevail the rules of the most favorable norm and the most beneficial conditions for man and aim to improve employability, working conditions and salaries, without limiting the already acquired and recognized rights.

It is important to bear in mind that the principle of progressivity is linked to the principle of non-regression, which implies that once a certain level of protection is reached, it is not possible to go back to the level that has been reached, i.e. once the principle of progressivity has been applied and the worker’s labor and salary conditions have improved, it is not possible to go back or improve the conditions that the worker has already acquired. For this and other reasons, we always suggest to be advised by labor lawyers.

Finally, it should be noted that the principle of progressivity linked to the principle of non-regression of labor rights is an approach in defense of labor rights that cannot be ignored or violated. At this point our labor lawyers in Medellin and Bogota of Cuadro Legal recommend the accompaniment of an expert in the elaboration of labor contracts, acceptance of these, improvements or terminations and thus apply this principle in a beneficial way for the employer-employee relationship.

In Cuadro Legal we have experience in the development and accompaniment of both workers and employers in various issues in labor matters.

Author: Verónica Hoyos Romero

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