Marval Legal Pulse – Presumption of the Existence of an Employment Relationship

A new episode of Marval Legal Pulse is now available, in which we analyze one of the most significant changes introduced by the Labor Modernization Act: the revision of the rules for determining when an employment relationship exists and how the legal presumption of dependent employment operates.

In this episode, our partner Guillermo Osorio and our associate Cecilia Avendaño, from the Labor Law practice group, discuss the scope of the reform and the interpretive challenges it poses for companies, professionals, and courts.
 

During the episode, they address:

•    the changes made to Article 23 of the Employment Contract Law,
•    the new concept of the provision of services in a dependent relationship,
•    the impact of the reform on the hiring of professionals and independent contractors,
•    the issuance of invoices and its relevance to the characterization of employment relationships,
•    the reversal of the burden of proof in certain cases,
•    the possible criteria the courts will adopt to interpret the new regulations,
•    the questions raised by the application of these rules to situations that occurred before the reform took effect.

This is a key analysis for understanding how this change may influence the determination of employment relationships, future litigation, and the organization of hiring arrangements.

We invite you to watch the full episode and learn more about these updates on our website.
 

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