Labor Law in Colombia.

Frequently asked questions

What clients ask us most.

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• 01

  What types of employment contract exist in Colombia?

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  Indefinite-term, which may be verbal or written and has no maximum duration (the most common type); fixed-term, which must be in writing and lasts up to 4 years; work- or task-based, used for a specific work or task, which must be clearly defined in the contract and, to be valid, must be in writing; and the apprenticeship contract, which a company must enter into when it is required to meet the SENA quota and chooses to hire apprentices to govern that relationship.
• 02

  How is severance calculated in Colombia?

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  It includes: severance pay (1 month of salary per year worked or pro rata), interest on severance (1% per month), service bonus (1 month of salary per year worked or pro rata, paid in two installments, one no later than June 30 and the other no later than December 20), vacation (15 business days per year or pro rata) and, if applicable, indemnity for termination without just cause.
• 03

  What are de-salarization agreements and when are they legal?

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  This is the practice of agreeing on payments that do not constitute salary, such as food allowance, transportation, clothing, gym, etc. They have a limit: 40% of the total received by the worker in a month. These agreements are legal when set in writing before payment and the items do not directly remunerate the service.
• 04

  What are the steps for a termination with just cause?

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  Terminating an employment contract with just cause requires a legal ground set out in Article 62 of the Substantive Labor Code, the breach of contractual obligations, of the Internal Work Regulations or of the company's internal policies. In addition, when the ground invoked relates to disciplinary conduct or to facts that require verification, the worker's right to a defense and to be heard must be guaranteed, which means that the worker must be heard beforehand and given the opportunity to present explanations regarding the facts attributed to them. Depending on the nature of the misconduct and the applicable internal provisions, this may require disciplinary procedures. Failing to provide these procedural guarantees can affect the validity of the termination with just cause and give rise to lawsuits by the worker, including a claim that the termination be deemed without just cause.
• 05

  Is an Internal Work Regulation (RIT) mandatory?

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  Yes, for companies with 5+ permanent workers (commerce, agriculture, livestock) or 10+ (industry). It must cover working conditions, sanction scales, disciplinary procedure, harassment policy, alcohol and drugs prevention, and must be visible at the workplace. Its absence triggers fines and weakens the employer's defense in disciplinary cases.
• 06

  Is there an obligation to hire people with disabilities?

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  The labor reform established a mandatory quota for hiring people with disabilities. In general terms, companies must have at least two (2) workers with disabilities for every one hundred (100) permanent workers. Above 500 workers, one (1) additional worker with a disability must be hired for every one hundred (100) additional workers. Those hired must hold the corresponding disability certification, and the contracts must be reported to the Ministry of Labor.