Extrajudicial administrative conciliation
This fact makes it necessary to configure a system that contemplates the new social relations that have arisen and a new mode of cooperation and commitment between women and men that allows for a balanced distribution of responsibilities in professional and private life.
The need to reconcile work and family has already been raised at international and community level as a condition unequivocally linked to the new social reality. This poses a complex and difficult problem that must be addressed, not only with important legislative reforms, such as the present one, but also with the need to additionally promote services for the care of individuals, within a broader framework of family policy.
In this regard, the IV World Conference on Women, held in Beijing in September 1995, considered it a strategic objective to promote the harmonization of work and family responsibilities between men and women, and the Declaration approved by the 189 States gathered there reaffirmed this commitment.
Judicial conciliation in Colombia
Labor conciliation occurs when there is a conflict between two parties in a company. This disagreement can be resolved either through the act of conciliation or, on the other hand, through a trial. The act of labor conciliation is always preferable, since it is a matter of reaching an agreement between both parties. In this way, the trial is avoided, as well as the associated costs that this entails for both parties.
This conciliation document is a written document that reflects, in detail, the reasons that have led the company, or the employee, to disagree with the decisions taken, as well as the claim made.
The minutes of conciliation is the document that records everything that happened in an act of labor conciliation. This record also includes the conclusions reached in the conciliation act.
In this sense, the best known meaning is the existing need of a worker to combine personal and professional life. This ratio is often referred to as work-life balance, as it reflects the ability to deal with the responsibilities that a person has at work, and with the obligations that, on the other hand, he/she has with his/her family and home.
That it is possible to conciliate in labor matters
In addition, as a general rule, and except in urgent circumstances, at least 48 hours’ notice shall be given, so that the leave is compatible with the students’ comprehensive and continuous education.
Attendance to tutorials or other meetings of the school center or coordination meetings of the special education center shall be justified with a document accrediting the center where the meeting takes place, as well as the relationship of kinship.
As a general rule, and except in urgent circumstances, a minimum of 48 hours’ notice shall be given, in order to make the leave compatible with the comprehensive and continuous education of the students.
If the director of the center does not consider the causal event and/or the requirements to be accredited, the corresponding notification of undue absence shall be issued. This communication entails the express denial of the leave. The Director of the Territorial Area may, as a consequence, initiate the corresponding deduction of salary and/or disciplinary proceedings.
Extrajudicial conciliation in civil matters
On the other hand, we also considered it appropriate to resort to the Royal Decree Law 6/2019 on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation for two reasons:
“8. Female workers have the right to request adaptations in the duration and distribution of the working day, in the organization of working time and in the form of provision, including the provision of their work remotely, in order to make effective their right to the reconciliation of family and working life. Such adaptations must be reasonable and proportionate in relation to the needs of the worker and the organizational or productive needs of the company.
The worker shall have the right to request the return to his/her previous working day or contractual modality once the agreed period has ended or when the change of circumstances so justifies, even if the foreseen period has not elapsed…”