Nativa Horizontal Future Project
i. Findings - Security Personnel
3
☐ Given that NATIVA did not clearly established how the payment was broken-down, employees could ask for the
payment of overtime calculated over their monthly salary. This led to a contingency of up to $562,681,061.00
(around US$908,000 based on the current exchange rate).
☐ Also, prior to 2015, employees were periodically terminated, both privately and through mediation agreements
signed before the TRAC (an Alternative Dispute Resolution Center).
☐ Most agreements signed during those years have the information required to give solidity to what has been
agreed and that have the character of res judicata. However, none of these agreements specifically state the
amount of overtime that is being paid to the terminated employees. The lack of detail in the items may
generate questions as to whether the amounts were paid according to law.
☐ Finally, NATIVA has the employees' documentation from 2012 onward. Information prior to that date is not
under NATIVA's possession.
☐ There was no file per employee, but a file per year, so not all the documentation was available for the Board to
review.
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