In terms of individual labor relations, it is important that companies focus on outsourcing services, taking into account regulatory changes and pronouncements that will be issued. (Andean)
The resilience of companies and employers will again be put to the test in 2023, considering that the trend points to: more rigid labor inspections; increase in labor lawsuits in the courts and for sensitive or complex issues; increased activity by unions; the new obligations regarding teleworking; among other aspects of the labor agenda.
Thus, in terms of individual labor relations, it is important that companies focus on outsourcing of services, that they take into account the regulatory changes and the pronouncements that will be issued on the legal actions filed against these modifications. In addition, on the same subject, it is recommended to verify that the autonomy of outsourcing companies or contractors exists and is maintained, so that there is no simple provision of personnel; Otherwise, inspections or labor lawsuits could be initiated in which the denaturing of outsourcing is discussed.
On the other hand, it is suggested that companies that choose to maintain teleworking this year take into account the new obligations that this modality brings with it, such as those related to the compensation of expenses, in addition to the particularities regarding the level of security prevention. at work or at the place where the service is performed.
It is probable that the Ministry of Labor and Employment Promotion seeks to intervene in those cases of prolonged strikes associated with labor disputes. (Andean)
Regarding collective labor relations, from the union perspective, it is probable that union activity will continue to increase, that there will be tougher collective negotiations, longer strikes, new negotiation scenarios by branch, company category and productive chain, among others.
It is also probable that the Ministry of Labor and Employment Promotion seeks to intervene in those cases of prolonged strikes associated with labor conflicts that are not resolved. Additionally, it is essential to pay attention to complex management issues, such as temporary hiring, digital disconnection, sexual harassment and salary inequality; in order to avoid breaches or mitigate claims.
Finally, in the labor procedural level, it is possible that there will be an increase in demands regarding misrepresentation of service outsourcing; extension of benefits of collective agreements signed with minority unions; denaturalization of fixed-term or temporary employment contracts; acts of sexual harassment; compensation for damages and payment of social benefits; among others.