How does the forced retirement work for pensioners in Colombia? – People – Culture

In colombia, forced retirement for pensioners It is a relevant issue that affects thousands of retired workers. This policy is implemented mainly in public and private entities, as they seek to renew and rejuvenate the workforce by forcing their retired employees to retire from their positions.

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He forced withdrawal for pensioners in Colombia is regulated by the Article 28 of Law 909 of 2004, which is popularly known as the Public Servant Statute.

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This law establishes that public entities have the power to establish age limits for the exercise of public office and that pensioned employees can be withdrawn from their jobs once the established age has been reached.

The same way, Article 2.2.11.1.4 of Decree 1083 of 2015 indicates: “The employee who meets the requirements determined to enjoy the retirement pension due to retirement, age or disability will cease to exercise their functions under the conditions and terms established in Law 100 of 1993 and other regulations that modify, add , substitute or regulate”.

He too paragraph 3 of article 9 of Law 797 of 2003which modified the Article 33 of Law 100 of 1993, it is considered just cause to terminate the legal or regulatory relationship of the public employee, meet the requirements established to be entitled to a pension and be included in the pensioner’s payroll.

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He concept 232811 of 2022 Administrative Department of Public Function establishes the indicated age to start the forced retirement process, indicating: “The maximum age for the retirement of the position of the people who perform public functions will be seventy (70) years. Once fulfilled, the immediate withdrawal of the position they hold will be caused without being able to be reinstated under any circumstances.

Forced Withdrawal Process

The Law 909 of 2004 is the main legal source that regulates forced retirement for pensioners in Colombia, it establishes the process that must be followed, indicating:

– Definition of the age limit: each public or private entity sets an age limit for forced retirement, which may vary depending on the nature of employment and specific regulations.

– Communication and notification: the employing entity must notify the pensioner employee in advance of their forced retirement, explaining the reasons and the regulations that support the decision.

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– Administrative transactions: The pensioned employee must comply with the corresponding administrative procedures, such as the settlement of social benefits and the pension process, in accordance with current regulations.

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ALEJANDRA HERNANDEZ TORRES
DIGITAL SCOPE WRITING
TIME

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