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Equal pay

14.11.2019

Does your company already have a salary policy?

From July 1 of this year, the National Superintendency of Labor Inspection – SUNAFIL, will begin monitoring compliance with the obligations on equal pay to medium and large companies and, from December 1, 2019 to the micros and small businesses (MYPES).

For this, your company must have the following minimum documentation:

  1. Salary Policy: Document that must contain principles and guidelines of an organization related to the administration of the salaries paid to its staff.
  2. Categories and Functions Chart: Document that must contain the grouping of posts by category, a description of the posts that justify this grouping and a ranking according to objective value.
  3. Internal Labor Regulations: Document that will be required by SUNAFIL if the number of workers exceeds 100. This document must contain the time of entry and exit of workers, working hours and hours, feeding time, control standards of assistance, weekly breaks and other provisions that your company considers relevant.
  4. Procedure against Sexual Harassment and for Discrimination against HIV / AIDS: Document that will be required by SUNAFIL if the number of workers exceeds 100. This document must contain common provisions of the procedure that lead to denouncing, investigating and punishing acts against sexual freedom and discrimination against HIV / AIDS in the workplace.
  5. Occupational Health and Safety Regulations: Document that will be required by SUNAFIL if your company has 20 workers.
  • Procedure against Sexual Harassment and for Discrimination against HIV / AIDS. (more than 100 workers).
  • Occupational Health and Safety Regulations (20 workers).

Are companies obligated to inform workers?

Indeed, companies are obliged to communicate to workers about salary policy, performance evaluation criteria and others with an impact on remuneration, and must communicate this, through individual meetings, collective meetings, written communications or digital communications, must be made at the time of admission, when the category has been modified or when the remuneration scheme is changed.

Likewise, the obligation to inform does not imply that the salary structure should include amounts of the salary structure.

What happens if you are not complied with having a wage policy?

Next, we detail a table with the risks and contingencies due to non-compliance:

Incumplimiento Sanción Riesgo Judicial
Not having a category chart or salary policy Very serious violation
Up to 45 UIT
(1000 workers more)
Compensation for damages
Not having informed workers about the salary policy Very serious violation
Up to 45 UIT
(1000 workers more)
Discrimination of the worker in terms of employment, compensation and promotion Very serious violation
Up to 45 UIT
(1000 workers more)
Compensation for damages
More acts of hostility
(in case of promotion)
Discrimination in job offers and during the employment relationship Up to 3 UIT or temporary closure for up to one year. The closing penalty may be substituted for twice the fine if the effects of the closing justify it
(1000 workers or more)
Compensation for damages
More acts of hostility
(if it is during the employment relationship)
Not inform the Ministry of Labor of complaints of sexual harassment Slight Violation
Up to 13.5 UIT
(1000 workers or more)
Not adopt measures to prevent and punish sexual harassment Serious offense
Up to 22.5 UIT
(1000 workers or more)
Do not initiate the investigation and punishment of harassment Very serious violation
Up to 45 UIT
(1000 workers or more)

For more information, do not hesitate to contact us.