Marco Legal Pausas Activas Colombia
Although CSE does not require active breaks, it is important for you to know that Article 108 states that conventional or additional days and hours of rest must be mentioned in the work regulations. Under the Human Labour Code, individuals are entitled to an eight-hour and 48-hour week, including a mandatory lunch hour. However, very few mention a series of breaks that should be granted to take active breaks at times when most are working remotely. Active breaks are temporary breaks in the workday that are performed through physical and mental exercises designed to recover energy. This is a series of exercises performed to reduce fatigue at work, prevent the body from being affected over time and prevent possible occupational diseases or accidents leading to disability during work. Active breaks are understood as continuous sessions of at least 10 minutes and consist of physical activities aimed at strengthening muscles and reducing occupational risks or diseases that can occur in work performance due to overwork. The aforementioned Law 1355 of 2009 stipulates that all employees (dependent or self-employed) who work more than 2 hours continuously must take active breaks. The employer must grant permits that allow the development of this area, as one of its tasks is to ensure the comprehensive health care of its employees and the enforcement and compliance with the provisions of health and safety regulations in the workplace. In return, the employee must ensure the overall management of his health and comply with rules, regulations and dissipations. The Ministry of Labour mentions that these must be breaks of at least 10 minutes and a maximum of 15 minutes. In addition, it is specified that these periods are part of the calculation of hours worked. Active breaks are aimed at relieving muscle tension, correcting bad postures and a sedentary lifestyle, which is accompanied by the performance of work. In addition, at the request of the employer, he trains the professionals appointed by the boss to take active breaks, it is they who, with this training, ensure the well-being and health of other colleagues in the company.
Physical inactivity significantly increases the causes of NCDs and is largely caused by a sedentary work pattern, which is understood as a lack of regular physical activity caused by performing work-related tasks. As a result, active breaks have become one of the most important tools for occupational safety and health. With the ARL and the approval of the company`s leaders, an active break program is created, tailored to the needs and functionalities of the employees. Meanwhile, while thousands of people are still working from home, the guarantee remains. Workers can request times to take active breaks, or they can be coordinated jointly. On these occasions, the exercises can be oriented in particular towards posture correction, exercises for the eyes and for the joints of the hands and arms. Carolina Porras, partner at Philippi Prietocarrizosa Ferrero DU & Uría (PPU), explained in this regard that the working day is divided into two sections and that only lunch breaks are planned, not for active breaks. However, he stressed that it is important to create these movement spaces designed to prevent work-related diseases. “The Ministry of Labor has reiterated that when working remotely, the employer must respect and respect the days and schedules of work, which means that it must guarantee the right to effective rest and separation,” he said. The main objective of these breaks is to contribute to the elimination and/or reduction of occupational diseases.
Therefore, the employer, in consultation with operational risk managers, must implement mechanisms, policies, dynamics and other strategies that maintain the health of employees in optimal conditions. The paragraph of Article 5 of Law 1355 of 2009 stipulates that the Ministry of Health and Social Welfare must regulate mechanisms so that all companies in the country promote active break spaces during the working day, involving all employees for whom it must have the support of occupational risk managers – ARL-. Here are alternatives to active breaks that you can share with your employees when they telework or work from home: It is important that the blocks and schedule are defined in the employment contracts and that in these times of telework, an agreement between the employee and the employer is promoted so that the necessary breaks are made. According to MinSalud, these breaks can not only be exercises to promote flexibility and movement, but should also include strength exercises that boost cardiovascular status. This precisely to avoid diseases associated with the sedentary lifestyle. Therefore, active breaks are subject to the provisions of the Occupational Health and Safety Management System (OHS-SG). Specifically, paragraph of Article 5 of Law 1355 of 2009 of the Ministry of Health and Social Protection states: “All companies in the country must promote active break spaces during the working day, supported by their occupational risk administrator (ARL).” The Covid-19 pandemic has created a new work landscape in terms of habits, schedules and productivity. People who work from home can sit in front of a device for up to eight hours.
In Colombia, however, there is a rule that obliges companies to guarantee spaces for the implementation of active breaks. Active breaks have become a necessary and fundamental tool to improve health conditions at work and avoid a sedentary lifestyle. Its execution reduces the likelihood of physical or mental illness due to professional activities. LRAs therefore play an important role in their development. Active breaks should be implemented through a fitness program. In addition, they must perform an employee analysis to highlight the greatest health risks within the team. It determines the constitution and functioning of medical, occupational health and occupational safety committees in enterprises. Given the above, active gymnastics for rest or work has the function of relieving tension of various muscles of the body, improving joint mobility, correcting poor posture, reducing the load on the musculoskeletal system of prolonged positions, eliminating lack of concentration and bad mood and temporarily suspending activities with repetitive movements, etc. OCCUPATIONAL HEALTH AND SAFETY LAWS IN FORCE IN COLOMBIA Determines the affiliation of civil servants to an occupational risk insurance unit (ARP).
which govern membership of and contributions to the general system of occupational health protection measures. The truth is that very few employers do not charge them, but everything must be clearly stated in the contract. In Colombia, the normal working day is a maximum of 8 hours per day. It is therefore important to know the rest periods, which legally belong to the workers. The employer must have training or responsible personnel with basic and appropriate knowledge of the protection of the worker`s health in the context of work carried out in the undertaking, since this official ensures the well-being and health of each individual worker on behalf of the employer. The objective is to ensure the mental, physical and social condition of workers through the development and implementation of measures to maintain the overall health of workers, leading to the maintenance of a healthy and safe working environment. The GLCC aims to create a professional epidemiological fence to identify the risks posed by the teams working in your organization.