Fixed Contract Model (Telework)
Fixed Contract Model (Telework)
employer_data
Name.
NIT.
Main address.
Legal Representative
Collaborator data
Name.
Type of Identification. C.C.
Identification Number.
Address.
Telephone.
Contract data
Among those who subscribe, to wit ____________ of legal age, identified with C.C. _______, acting
in the name and legal representation of ________ identified with NIT ________ and who hereinafter
is referred to as THE EMPLOYER, on one side and on the other, ___________, of legal age,
identified with citizenship card No. ________, who hereinafter will be referred to as The
TELEWORKER, we have celebrated the Fixed-Term Individual Employment Contract, which is
It will be governed by the following clauses and by the current labor law for matters not provided for therein:
Clause 2.
A. Put all your normal work capacity at the service of _________,
exclusive in the performance of the functions related to the mentioned trade in the
header of the present contract and the attached and complementary tasks of the same,
compliance with the manual of functions, orders, and instructions given to you by the
control of work under full-time teleworking modality, and therefore they agree
subscribe to this contract under this modality.
Clause 2. Telecommuting modality: THE TELEWORKER will perform the functions
inherent to their job under the telecommuting modality, taking into account the following
characteristics:
Paragraph 1: Without prejudice to what is agreed in this clause or to subsequent agreements between the parties,
the TELEWORKER is obliged to work at least the ordinary working hours defined
in clause 9 of this contract or the Internal Work Regulations, in the terms and within
of the hours indicated by this one, being able to make adjustments or changes to the schedule when deemed necessary
convenient. By the express or tacit agreement of the parties, they may distribute the hours of the workday
ordinary in the manner provided by article 23 of law 50 of 1990, taking into account that the
rest times between and during the sections of the day are not counted within the
same, according to article 167 of the substantive labor code.
Paragraph 2. In accordance with the paragraph of article three of Decree 884 of 2012, in
Note that the contracting is carried out exclusively and originally in the modality of
telecommuting, for the first time, the TELECOMMUTER will not be able to demand at any time to perform
your work in the EMPLOYER's facilities, unless both parties agree otherwise
accept the change in the modality of the employment contract.
Paragraph 3. Nevertheless, reaching an agreement on this regime, the parties agree that THE
EMPLOYER may order the TELEWORKER to appear on the day and time
arranged by the employer at their regular workplace located in __________ or to the
client's installations if needed.
Clause 3. Duration of the contract. This contract will be for a fixed term, its duration will be
from _____ (__) months, counted from the date of signing this contract.
Clause 4. Extension. If the notice of unilateral termination of the contract is not given with a
more than thirty (30) calendar days' notice, the contract will be automatically extended by a
period equal to the initial one, as long as the causes that originated it persist.
Paragraph 1. For labor contracts of less than one (1) year, they can only be extended
a maximum of three (3) times. After that, they must be agreed upon for a period equal to or greater than one (1) year,
in guarantee of the principle of job stability, in accordance with rulings C-588/95, C-
016/98 and the current regulations.
Paragraph 2. The parties may agree that the three (3) initial extensions are for periods
lower than initially agreed.
Clause 5. Trial period. The parties agree to a trial period of NUMBER days;
period not exceeding one fifth of the initial term of this contract, nor exceeding two (2)
months.. During the trial period, the parties may unilaterally terminate the
contract, in accordance with articles 76 to 80 of the Substantive Labor Code. In case of
Paragraph 1. This payment includes the remuneration for rest periods.
Sundays and holidays discussed in Chapters I and II of Title VII of the Substantive Code.
Work from Colombia.
It is clarified and agreed that in cases where THE TELEWORKER earns commissions
or any other form of variable salary, 82.5% of such income constitutes
ordinary remuneration, and the remaining 17.5% is intended to compensate for rest on the days
Sundays and holidays referred to in Chapters I and II of Title VII of the Substantive Code.
Work.
Clause 7. Work elements. THE EMPLOYER will provide, install, and maintain the
the teams mentioned below in the capacity of a loan for use, which are considered by
the parts necessary for the proper performance of the functions of the position of __________.
The EMPLOYER will provide technical support and an adequate service for it through the line
technical assistance: ________ - __________
HARDWARE/SOFTWARE
REFERENCE VALUE
(Technical specifications)
Paragraph 2. The equipment provided by THE EMPLOYER to the TELEWORKER for the
compliance with its functions is at all times the property of ICONNECTION S.A.S.
Thus, in the event of termination of the contract, for any reason, or in the case of a new delivery of
Staff, the TELEWORKER is obliged to return the equipment.
provided immediately. Failure to do so will prevent the company from generating the
respective peace and safe
Payments that do not constitute salaries. Amounts that are occasionally given do not constitute salary.
my liberalities received by the EMPLOYEE from the employer, such as bonuses, incentives or
occasional bonuses, profit sharing, surpluses of the economy businesses
solidarity and what it receives in money or in kind is not for its benefit, nor to enrich itself
heritage, but to fully carry out their functions, such as representation expenses,
means of transport, work tools and other similar items.
Paragraph 1. The above benefits are recognized out of mere liberality and in that sense do not
they do not constitute salary, nor will they have any impact for salary or benefits purposes,
compensatory or parafiscal. Similarly, the parties reiterate that any benefit other than
here agreed upon, such as extralegal bonuses, occasional bonuses or rewards, assistance,
benefits in transportation, food, accommodation, payments made for the concept of
work elements or means for their proper performance, such as representation expenses, means of
transport, work elements or any other in kind or money that is received for the
performance of the functions inherent to the position will not have salary or benefit impact
indemnity or parafiscal
Clause 11. Work schedule. The parties agree expressly and by mutual consent
that the TELEWORKER is obliged to work in the shifts and within the hours specified by
the EMPLOYER in this clause, may make adjustments or changes to the schedule when
I deemed it appropriate. By the express or tacit agreement of the parties, they may distribute the hours of the
weekly ordinary workday, to fully or partially compensate for work on Saturdays
According to the provisions of Article 164 of the Substantive Labor Code, amended by Article
Article 23 of Law 50 of 1990, taking into account the rest times between the sections of the
Workdays are not counted within the same, according to Article 167 thereof.
Likewise, the employer and the teleworker may agree that the workday of forty and
eight (48) hours are carried out through flexible daily work schedules distributed in a maximum
six days a week with a mandatory day off, which may coincide with Sunday. On this day,
the number of working hours per day may be distributed variably during the respective
week and may be a minimum of four (4) continuous hours and up to ten (10) hours daily without room for
no surcharge for supplementary work, when the number of working hours does not exceed the
an average of forty-eight (48) hours per week within the regular schedule of 6 a.m. to 9 p.m.
Paragraph 2. It should be taken into account that the rest times between the sections of the day
they are not counted within it, according to the provisions of article 167 of the Substantive Code
Work.
Clause 12. Supplementary work. The COLLABORATOR shall be entitled to recognition and
payment for overtime to their regular shift, likewise, they will have the right to additional charges.
work carried out during night shifts, Sundays and/or on holidays in accordance with
established in articles 134, 159, and 179 of the Substantive Labor Code and regulations
concordant.
Paragraph 1. The EMPLOYER will not recognize any supplementary work that has not been
place where telecommuting takes place, and if it is the home of the TELEWORKER, always
Prior notification and consent of the TELEWORKER must be done.
Clause 14. Authorization of visits: THE TELEWORKER expressly authorizes
his ARL and his EMPLOYER to carry out visits to his home to verify if the place
work is safe and free of risks, which can be carried out in person or
virtual. It also authorizes assistance visits for occupational health activities.
Clause 15. Social Security affiliation and payment. It is the EMPLOYER's obligation to affiliate the
Teleworker to the Social Security System in Health, Pension, and Occupational Risks.
Likewise, the TELEWORKER expressly authorizes the EMPLOYER to carry out the
corresponding deductions from your salary, by virtue of the amounts that you are required to contribute, in the
proportion established by the Law.
Clause 16. Guidelines for occupational safety and health. The EMPLOYER will inform of
constantly to the teleworker about the guidelines they should keep in mind for the
occupational safety and health, according to the risk class of the work that must be performed
TELEWORKER. Such guidelines will be carried out as dictated by the System
Social Security Integral of Colombia, the current legal framework and recommendations
that indicates the Occupational Risk Insurer (ARL).
Clause 17. Medical examinations. The EMPLOYER must verify the health status of
REMOTE WORKER through the completion of entrance medical exams, periodic and
for disbursement, through authorized providers.
Clause 18. Vacation. The TELEWORKER will enjoy fifteen (15) working days of
vacation for each year worked, or its equivalent fraction in case the COLLABORATOR
caused by a shorter period, in accordance with the provisions of article 186 of the Code
Noun of Work.
Paragraph 1. THE TELECOMMUTER may request in writing from THE EMPLOYER payment for
money up to the halfway point of the vacation, an agreement that must also be in writing. In everything
The teleworker will enjoy at least six (6) working days annually.
continuous holidays, which are not acumulable.
Clause 19. Obligations of the teleworker. The TELEWORKER must comply with
the following obligations:
a. Meet the daily goals assigned by the EMPLOYER.
b. Maintain absolute confidentiality about facts, physical and/or electronic documents, information and
in general, about all matters and subjects that come to their knowledge by cause or by
occasion of his employment contract and whose communication to others could cause harm to
EMPLOYER.
c. Do not attend to matters other than those from THE EMPLOYER during working hours.
entrust without your authorization.
d. Outside of working hours, refrain from performing similar tasks or those that you carry out.
in the COMPANY.
e. Comply with the orders and instructions that THE EMPLOYER indicates to you according to the schedule
scheduled for the duration of the contract.
f. Do not transmit information without authorization, nor disclose any information that originates from
the employing company.
g. Do not enter teams directly or connect without higher authorization than your position allows.
allow.
Do not suspend work activities and do not carry out abrupt terminations of activities or
promote their suspension, except in cases expressly authorized by the Law
n. Refrain from engaging in activities that constitute commercial competition with the
Company and inform your immediate supervisor of any activities performed by a worker
that constitute competition and of which I have knowledge.
0. Inform the Company of any conflicts of interest or any situation in which your
action may conflict with the interests of the Company.
p. To maintain absolute reserve, custody, and confidentiality over the information and
documentation that I know or will come to know belonging to or referring to the company and/or
your clients, especially the one you will get to know in relation to the functions and activities
ordered, also committing not to reveal, share, disseminate, disclose, publish,
distribute, comment, analyze, evaluate, copy or make a different use than intended in the
employment contract and in front of the people that are exclusively authorized to him; neither
may use such information for the exercise of your personal activities, nor the
will duplicate or share with third parties, unless prior written authorization is obtained from
from the company. In this line of thought, the worker commits to applying all the
necessary security measures to prevent the disclosure, leakage, or unauthorized use of the
information received, and agrees that it will protect the information that it comes to know with the
maximum degree of care and diligence, under penalty of incurring just cause for
termination of the employment contract; without said sanction preventing the company from
possibility of initiating legal actions against the worker either from the point
from a labor, civil, commercial, and/or criminal perspective, seeking among other things the compensation for the
damages caused. For the purposes of fulfilling this special obligation, one
confidential information shall be understood as all technical, commercial, statistical information,
financial, related to knowledge, research, methods, designs, architectures,
strategies and processes related to business operations, contracts, agreements,
current and future agreements and alliances that the company signs or comes to sign with
third parties or with their clients, and in general any information related to the know
how I will be good with the object and the activity of the company. It also has the character of
confidential, the information related to the development of literary and artistic works, and
scientific, databases, software, distinctive signs, new creations and/or models of
utility, among others, in which the worker will have participation or simply have
knowledge.
k. Under penalty of incurring in acts of unfair competition and being a serious violation of the employment contract, it
the worker commits to provide their services exclusively with
EMPLOYER for the same reason, will not be able to engage in activities included in the purpose of
employer and/or establish companies or businesses that compete with the employer, or be a partner,
employee or administrator of the same, or resign from their duties to engage in activities
with clients of THE EMPLOYER who have been directly assigned to him during the
validity of the employment contract. The duty of exclusivity will be maintained throughout the entire time in
the WORKER remains linked to the EMPLOYER.
Clause 20. Employer Obligations. The EMPLOYER must comply with the following
obligations:
Clause 21. Protection and processing of personal data. The TELEWORKER assumes the
constitutional, legal, and regulatory obligation to protect personal data to which one has access
on the occasion of the contract. Therefore, it must take the measures that allow it to comply with the
provided by the current regulations on the matter and the policies regarding data processing
personal documents issued by the EMPLOYER. Additionally, the TELEWORKER agrees to
limit the processing of personal data of third parties that are provided to you by the
EMPLOYER to the purpose of its obligations, guaranteeing the rights of the
privacy, intimacy, and reputation, in the handling of personal data and to inform the
EMPLOYER of any suspicion of loss, leak, or attack against personal information to the
who has accessed.
Clause 22. Causes of Termination of the contract. The contract will terminate:
a) Request loans or financial assistance from the employer's clients by taking advantage of their
entrust to the office or accept donations of any kind without prior written authorization
of the employer.
b) Authorize or execute operations that affect the interests without being within their competence
employer or negotiate goods and/or merchandise of the employer for personal benefit.
c) Hold money or cash checks received for the employer.
d) Present fictitious expense accounts or report visits or tasks as completed that were not
made.
e) Present any attitude in commercial, personal, or commitments.
social relations, that may affect the reputation and corporate image of
employer.
f) Acts of appropriation, acquisition, or theft of any property element of
EMPLOYER such as: raw materials, mixtures, containers, labels, recipes, product
finished among others.
g) The fully proven ineptitude of the employee to provide the service
Agreed. Ineptitude will be understood as the fact that the employee, in a period...
in 30 (30) days, receive more than three (3) calls of attention or written observations about
the quality of his/her work.
h) The systematic non-execution, without valid reasons, by the employee of the
contractual or legal obligations, understood as the (the) employee (a)
receive more than three observations within a period of thirty (30) days.
i) Conduct business or activities within the scope of the company, which is the area in which it operates.
employer.
j) Not meeting the minimum compliance indicators for Goals according to the
position and function any noncompliance due to fault, negligence, negligence, or omission
of the worker that generates a fine or sanction to the employer in the execution of the order
service.
k) Carry out activities unrelated to their work in the Company during working hours.
l) The WORKER's failure to comply with the work schedule, without sufficient excuse
employer trial.
m) Take any property, goods, or money belonging to the company, of the
users or colleagues at work without express and prior authorization except for those
q) Failing to comply with any legal, contractual, or regulatory obligations.
r) Carrying out paid work for third parties without the authorization of the EMPLOYER.
s) Reveal any type of confidential or reserved information in the terms
agreed upon in the eighth clause.
t) Missing a full workday, without sufficient excuse in the employer's judgment,
except for force majeure or unforeseen circumstances.
Clause 20. Severance Pay: By legal provision, severance pay will be settled on December 31.
of each year and deposited before February 14 of the following year in the severance fund to which
the teleworker is affiliated.
THE TELEWORKER may request the partial settlement of their severance pay to
the cases provided by labor law for which you must present the necessary documentation,
to which he/she commits to being truthful in all the information provided for that purpose.
Paragraph 2: In order to prevent the penalty provided for in numeral 1 of article 65 of the Code
Noun of Work, the parties expressly agree on a term of up to twenty (20) days for the
payment of severance, interests on severance, bonuses, vacations and/or other labor claims
pending on the employee's resignation date.
Clause 21. Assignment of the contract. THE TELEWORKER may not assign either partially or
totally assign the execution of this contract to a third party except with prior express and written authorization
of the EMPLOYER.
Clause 22. Exclusivity. The WORKER may not enter into agreements on their own account, other
employment or commercial contracts that are included within the corporate purpose of
Perception.
Clause 23. Modifications. Any modification to the terms and conditions of this
The contract must be agreed upon by the parties and will require an 'Otrosí'.
Clause 24. About other contracts. This contract will fully replace and void
any effect, any other verbal or written agreement made previously between the parties
about the same object.
a) Loans or credits that are being paid off directly or through payroll deduction.
b) Advance salary.
c) Value of the work elements and goods lost under their responsibility and that
they will be lacking at the time of delivering the inventory.
d) The values that had been entrusted to you for handling, and that have been disposed of
abusively for other purposes to the detriment of the COMPANY.
e) The advances or amounts not legalized with the invoices or required receipts that were provided to him
delivered for expenses or trips, as well as the value of the non-refundable airline tickets.
Clause 28. Copyright. The economic rights of authors over the works created
the TELEWORKER in the performance of their duties or on occasion of them belong to the
EMPLOYER. All of the above without prejudice to the moral rights of authors that will remain
at the head of the creator of the work, in accordance with Law 23 of 1982 and Decision 351 of the Commission
from the Cartagena Agreement. Therefore, the teleworker is obliged to inform the employer in a
immediate awareness of the existence of such inventions and/or works and to facilitate the transfer of these
works for the employer without the need for additional compensation for them.
Paragraph 1: Improvements in the operations of the teams or in their very structure, or in the
refinement of technology of any kind related to processes and equipment is of
exclusive property of THE EMPLOYER, without the right to special compensation and may not be
used by the TELEWORKER for their own benefit or that of third parties
Clause 32. Commencement of work. For the purposes of seniority, the parties agree to
to accept that the initiation of work is on the (___) of _______ of 2023, rendering any
previous document.
Clause 33. Contractual domicile. For the purposes of this contract, the domicile of the
EMPLOYER will be in __________, Medellín, Colombia and the TELEWORKER in
This contract is signed for the record on the (___) day of the month ______ of 2023.
___________________
C.C. C.C. _____ of_______
Legal Representative