The principle of progressivity originates from the International Covenant on Economic, Social and Cultural Rights, in which the states that have ratified and adopted said covenant have committed to progressively adopt measures, by all appropriate means, to achieve the effectiveness of the rights recognized therein. However, this principle is not explicitly stated in the Law, but rather stipulated as a derivation of the principle of inalienability.
Regarding this, the Political Constitution of Colombia, in its article 53, establishes the fundamental principles upon which labor law in our country must be based, and it makes clear that no regulation, agreement, or contract may violate workers’ rights, dignity, and freedom. Based on this, every law created must be aimed at improving these fundamental principles.
The principle of labor progressivity means that labor rights must improve over time and cannot be retrogressed or unjustifiably eliminated. The most favorable rule for the worker must always be applied.
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 note 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 cannot be rolled back from that achieved or attained level.
This means that once the principle of progressivity has been applied and the worker’s labor and salary conditions have improved, those conditions already acquired by the worker cannot be rolled back or worsened.
For this and other reasons, we always suggest to be advised by labor lawyers.
A practical example of the principle of progressivity and non-regression in labor matters
A company grants 20 days of vacation per year to its employees, even though the law only requires 15. If it later decides to reduce them to 15 days, it would be violating the principle of progressivity, because acquired rights cannot be removed without a valid and proportional justification.
If, on the other hand, it increases vacations to 25 days, it respects the principle, as there is an advancement in labor conditions.
Finally, it is worth noting that the principle of progressivity, linked to that of labor non-regression, is an approach in defense of labor rights that cannot be disregarded or violated. At this point, our labor lawyers at Cuadro Legal recommend the accompaniment of an expert in drafting labor contracts, their acceptance, improvements, or terminations, thus applying this principle beneficially 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.
