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Colombia

At 38 years old, Roger Milla scored twice against Colombia to help Cameroon reach the World Cup quarter-finals in 1990.

Despite beating Argentina and eventual winners Brazil to finish top of the South American qualifying group for the 1994 World Cup, Colombia failed to progress beyond the group stage of the tournament.

James Rodríguez won the Golden Boot at the 2014 World Cup with six goals, including the Goal of the Tournament against Uruguay in the round of 16.

Colombia became the first team to lose a penalty shoot-out to England at a World Cup finals in 2018.

Contributing firm

Parra Rodríguez Abogados S.A.S.

Contacts

Álvaro Parra Gómez

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

The employer may: (i) initiate a disciplinary process and impose the corresponding sanctions provided for in the Internal Work Regulations, (ii) deduct from the employee’s salary the time that he/she did not work.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

The employer may initiate a disciplinary process and apply the corresponding disciplinary sanctions and even terminate the employment contract with just cause, if applicable according with the Internal Work Regulations.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

During the term of the employment relationship, breathalyzer tests may be conducted as a preventive measure against occupational accidents and illnesses. These tests must be technically justified within alcohol prevention programs and conducted by authorized medical personnel.

Prior authorization from the employee is not required when the work involves a risk to others or when the employee is responsible for third parties.

If the employee refuses to undergo these tests, it may be considered a disciplinary offense in accordance with the Internal Work Regulations and the alcohol and drug prevention policy.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

The employer may unilaterally modify work schedules (however, they cannot unilaterally change the working day). If overtime or surcharges are incurred for night work or work on Sundays or public holidays, these must be duly compensated.

If what has been granted is merely permission—and not a change to the work schedule—for employees to start work at different times if they wish to watch the games, no overtime pay or surcharges should be paid.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

The employer may initiate a disciplinary process against such employees and impose the appropriate disciplinary sanctions for breach of their labour obligations or, if such conduct is classified as a serious breach of obligations under the Internal Work Regulations, employment contracts, or company policies, the employment contract may even be terminated with just cause.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

If the event is organized by the employer, it may impose appropriate disciplinary measures or even terminate the employment contract for cause if the gravity of the misconduct justifies it.

If the event is organized by a third party, and the employee’s conduct outside the employer’s premises or outside working hours causes damage to the company’s good name or reputation, the employer may take appropriate disciplinary measures, including, where justified, termination of the employment contract.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

In Colombia, it is not common to declare a public holiday for a soccer game.

If what is declared is a civic holiday, it applies only to public-sector employees, not to those in the private sector.

If, eventually, a law is issued declaring the day of a soccer game as a public holiday, employees would be entitled to a surcharge for working on a holiday, in proportion to the number of hours worked.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

In Colombia, the law prohibits employees to conduct office pools, raffles, or any other type of gambling or fundraising in the workplace.

However, with the employer’s express authorization, employees may place bets only related to World Cup soccer matches.

4 May employers prohibit public displays of rival country team colours in the workplace?

No, if the reasons for prohibiting the use of a particular colour are based on discriminatory grounds or the restriction of fundamental rights.

However, based on the managerial authority, the employer can establish prohibitions and dress codes to maintain order, professional appearance, good conduct, and discipline in the workplace, which employees are required to comply with.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

If the employer does not have a reasonable and objective justification for making such a distinction, and the decision to allow the viewing of certain matches is based on discriminatory reasons related to gender or nationality, this could give rise to the risk of discrimination claims.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Since some employees may want to watch the games—especially those involving the Colombian national team—it is advisable to implement internal measures to prevent absenteeism and breaches of work obligations, and perhaps to provide opportunities for employees to watch the games without disrupting the normal operation of the company.

If necessary, we suggest implementing a policy that regulates the handling of the matches, as well as permitted and prohibited conduct, in order to establish clear rules -including for teleworking and remote work scenarios - and avoid potential issues with employees.

This will boost productivity and help ensure a better work environment.