The approval and reconciliation process of the labor reform has concluded. The only remaining step is presidential approval and promulgation.
For Serrano Martínez CMA is important to inform you the main changes that may be of interest. Below, we share some key points of the Labor Reform.
- DAYTIME AND NIGHTIME WORK SHIFTS
What’s new: The nighttime work shift is extended from 7:00 p.m. to 6:00 a.m. This provision will come into effect 6 months after the law is enacted.
- SUNDAY AND HOLIDAY SURCHARGE
What’s new: The surcharge for work performed on Sunday or public holidays will be 100%. Implementation may be gradual, as follows:
|
2025 |
80% |
| 2026 | 90% |
| 2027 | 100% |
- MAXIMUM LEGAL WORKING HOURS:
The maximum workweek remains at 42 hours, with a corresponding gradual reduction.
The maximum duration of the ordinary workday is 8 hours per day.
The maximum legal workweek may be distributed, by mutual agreement, over 5 to 6 days per week, always guaranteeing the mandatory rest day and without affecting salary.
The number of daily working hours may be distributed variably and flexibly during the week, with a minimum of 4 hours and a maximum of 9 hours per day, without giving rise to overtime.
The parties may agree to successive work shifts of 6×36. Two successive shifts may not be performed, except for employees in management, trust and oversight positions.
- APPRENTICESHIP CONTRACT
Challenging aspect: The apprenticeship contract will be considered a fixed-term employment agreement governed by the labor provisions of the Labor Code. It will have a maximum duration of three years. Benefits, social fringes, allowances and other labor rights will be recognized.
In addition to the obligation to enroll the apprentice in the health and occupational risk subsystems, enrollment in the pension system will also be mandatory (during the practical phase). The apprentice must also receive one (1) legal monthly minimum wage during the practical phase as a maintenance allowance.
- APPRENTICE QUOTA
The monetary payment is 1.5 legal monthly minimum wages for each apprentice not hired.
Challenging aspect: The possibility of not paying the monetary amount when apprentices have been requested but not supplied by the Colombian National Training Service (SENA).
- FIXED-TERM EMPLOYMENT AGREEMENT
It may not be renewed indefinitely. It may be renewed up to a total of 4 years; otherwise, it will be deemed to have been entered into as an indefinite-term agreement from the beginning of the employment relationship.
The maximum term will begin to run from the effective date of the law.
- DISCIPLINARY PROCEDURE AND DUE PROCESS
The jurisprudential rules are maintained. The disciplinary procedure for dismissals with just cause is eliminated. Is it maintained only for the imposition of disciplinary sanctions.
Challenging aspect: The employee will have a period of not less than 5 days to respond to the charges brought, challenge the evidence, and submit anything deemed necessary for their defense. The employer must update the Internal Work Regulations in accordance with the described parameters within 12 moths following the effective date of the law.
- OVERTIME WORK
Positive aspect: The requirement to obtain authorization from the Ministry Labor to work overtime is eliminated. Clear rules are established in cases where the employer does not keep a record of overtime hours.
What’s new: If it is proven that the company does not pay overtime, the Ministry of Labor may suspend its authorization to work overtime for up to six months.
- PAID LEAVES
The following paid leaves are added: (i) to attend urgent or scheduled medical appointments; (ii) to attend school – related commitments as a guardian; (iii) at the employer’s discretion, one paid off every six months for the use bicycles as public transportation.
- PAYMENT OF UNEMPLOYMENT AID
Positive aspect: It is established that if the employer proves direct payment to the employee of the amount of the corresponding withdrawal of unemployment aid, the sanction for not payment to the fund will not apply. In any case, the payment must be made for legally permitted purposes (housing, education, etc.).
- TELEWORK
Positive aspect: Transnational telework is created for individuals who work from abroad for a company in Colombia.
Challenging aspect:
- The employer must obtain international health insurance that convers medical benefits in the event of incapacity or accident. The employer will be responsible for the economic benefits through the Social Security System.
- The connectivity allowance is established as mandatory, replacing the transportation allowance for those employees earning less than two legal monthly minimum wages.
- HIRING OF PEOPLE WITH DISABILITY
What’s new: A mandatory disability quota is created as follows:
For companies with up to 500 employees, at least two employees with disabilities must be hired or maintained, as applicable, for every 100 employees. From 501 employees onwards, at least one additional employee with a disability must be hired for each additional group of 100 employees. This obligation applies to the total number of permanent employees and will be mandatory starting from the second year after the law comes into effect.
In positions and sectors of the economy where it is not possible to hire persons with disabilities or invalidity, this situation must be reported to the Ministry of Labor.
- GENDER PERSPECTIVE:
Companies must, to the extent possible, grant a preferential right of reassignment to female employees who are victims of gender-based violence, domestic violence, or attempted femicide, without worsening their employment conditions, and must guarantee the protection of their life and integrity.