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[null,"Prepared By:","Contributors:"]
[null,"Brigard Urrutia"]
[]
[]
[]
["Global Employment Law Guide"]
[]
["Report Generated: 7/7/2026"]
[]
["View your report results on next tab"]

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["Question","Colombia"]
["Lex Mundi Global Employment Law Guide"]
["What are the different categories of employment status (for example, employee, worker, self-employed individuals, etc)?"," In Colombia, the primary distinction is based on the nature of the relationship and the presence of subordination. The categories are: \n \n Employees: Individuals who provide personal services under a relationship of subordination and for a salary. They are protected by the full range of labor laws. \n Independent Contractors: These are individuals engaged via a \"Service Provision Agreement\". This is a civil or commercial relationship, not a labor one. They operate with technical, directive, financial and administrative autonomy and are not subject to the employer’s disciplinary power nor have any labor or employment-related benefit. \n Apprentices and Interns: Individuals hire through an agreement whose main purpose is to complete their education in a technical or professional program, at a university or the SENA (National Service of Learning).   \n \n Under the 2025 Labor Reform (Law 2466) , the apprenticeship contract has been formalized as a special fixed-term labor relationship. Its primary objective is to provide professional training. This bond remains in effect for the duration of the practice (up to 3 years) and grants the apprentice full labor rights, including statutory fringe benefits, vacations, and comprehensive social security (health, pension, and ARL). \n Unlike apprentices, university interns are typically governed by a cooperation agreement between the educational institution and the employer. The relationship is strictly academic and vocational in nature. Consequently, it does not constitute a labor contract and does not generate statutory labor rights or fringe benefits, as its main purpose is to fulfill an academic requirement. \n \n \n "]
["Are there different types of employment contracts (for example, fixed-term, indefinite)?"," Yes. Under Colombian Labor and Employment law, there are four main types of employment contracts: \n \n Indefinite Term Contract: This is the default contract if no duration is specified. It remains in force if the causes that gave rise to it persist. \n Fixed-Term Contract: These contracts may be entered into for a maximum period of four years and must be in writing. If these requirements are not met, the contract will be considered to have an indefinite term. The indefinite renewal of fixed-term contracts is no longer permitted.  \n Work or Labor Contract: The duration is tied to the completion of a specific task or project. Once the task ends, the contract ends. It must be executed in writing to clearly define the scope of the work. \n Occasional, Accidental, or Transitory Work: Used for short-term tasks (less than one month) that are unrelated to the company’s core business activities. \n "]
["What requirements need to be met in order for an employment contract to be valid?"," Pursuant to Colombian Law, for an employment contract to exist (and thus be valid), three essential elements must concur, regardless of the name given to the contract: \n \n Personal Service: The worker must perform the task personally; it cannot be delegated. \n Continued Subordination: The employer has the authority to give orders, impose schedules, and dictate instructions. This is the \"hallmark\" of a labor relationship. \n Remuneration: A salary paid as consideration for the service. \n \n Additionally, general legal requirements for contracts apply: legal capacity of the parties, consent free of vices (error, force, or fraud), and a lawful object and cause. "]
["Are part-time employees afforded the same rights as full-time employees?","Yes. Colombian law adheres to the principle of equality. Part-time employees enjoy the same constitutional and legal protections as full-time employees. However, their economic benefits, such as salary and fringe benefits and Social Security contributions, are calculated proportionally to the salary earned and the time worked. Currently, in Colombia is feasible to pay social security contributions proportionally to the time effectively worked by the employee, especially for occasional, accidental, and transitory work.\n"]
["Can employment contracts be assigned?"," Under Colombian labor doctrine, the employment contract is considered intuitu personae regarding the employee (the worker cannot be replaced). Regarding the employer, the contract can be transferred in two scenarios: \n \n Employer Substitution: This occurs when the business is sold or transferred as a going concern. The contracts are transferred by operation of the law; employer substitution is not an independent contract but a consequence of the selling of the business. ( see Question 6 ). \n Assignment via Agreement: In cases where there is no transfer of the business unit, an employment contract can be assigned to a new employer only if there is an express tripartite agreement between the original employer, the new employer, and the explicit consent of the employee. \n "]
["What rights do employees have (to object, to severance), if any, when the company they work for is transferred as a going concern?"," This is governed by the figure of Employer Substitution. The transfer does not terminate, alter, or suspend existing employment contracts. In these events, the employees have the following rights: \n \n Continuity: The new employer automatically replaces the former one and assumes all previous labor obligations and seniority. \n No Right to Object (to prevent the sale): Employees cannot prevent the transfer of the company, but they cannot be terminated solely because of the transfer. If terminated without \"just cause\" due to the sale, they are entitled to severance indemnity. \n Solidary Liability: The former employer and the new employer are jointly and severally liable for all labor obligations that originated prior to the date of the substitution. \n Right to Benefits: The employee’s right to receive accrued benefits remains intact, and the new employer becomes the new debtor of these obligations. \n "]
["Do you have statutory rights for employees on change of control of an employer? If so, please give the statute."," In Colombia, the legal consequences depend on whether the \"change of control\" involves a change in the legal entity (the employer) or merely a change in the ownership/shareholders of the existing entity. \n \n Share Purchase/Change of Ownership: If the corporate entity remains the same and only the shareholders change, there is no legal \"change of employer.\" Consequently, employment contracts remain unaffected, and no specific statutory rights are triggered. \n Asset Purchase/Business Transfer: If the business unit is transferred to a new legal entity, the figure of Employer Substitution comes into effect. The substitution does not terminate or modify existing contracts. The former and new employers are jointly and severally liable for all obligations arising prior to the transfer. \n "]
["In what circumstances can employers unilaterally change the terms of employment, and what remedies (if any) are afforded to an employee?","This is governed by the principle of \"\nIus Variandi.\" An employer has the discretionary power to unilaterally modify non-essential conditions of the employment relationship (such as work schedule, place of work, or specific tasks). The exercise of \nIus Variandi must be reasonable and justified by operational needs. It cannot be used arbitrarily, nor can it damage the employee’s dignity, health, or economic status, or impose an unfair burden on their family life. Any essential variations in the conditions of the employment relationship must be made with the employee’s consent; failing to do so could imply a worsening in the employment conditions, resulting in indirect dismissal, and granting the employee the right to receive severance indemnity.\n"]
["Is your jurisdiction an employment-at-will jurisdiction? What are the employer’s termination rights?","No. Colombia is not an employment-at-will jurisdiction. It is governed by the principle of Labor Stability and, in some special situations, Reinforced Labor Stability. An employer may terminate a contract at any time if there is \"Just Cause\" as strictly defined in \nArticle 62 of the \nColombian Labor Substantive Code (e.g., gross misconduct, poor performance after due process, or breach of contract). In these cases, no indemnity is owed. Also, an employer retains the right to terminate a contract without cause, but this is subject to the payment of statutory indemnity. Certain categories of employees (pregnant women, employees with a pregnant spouse, employees with health issues/disabilities, union leaders, or those nearing retirement) cannot be terminated without cause, and in some cases, prior authorization from the Ministry of Labor is required.\n"]
["Are there remedies for dismissal without cause or wrongful termination?"," Yes. The primary remedy for dismissal without just cause is the payment of the statutory indemnity, the calculation of which depends on the type of contract, the employee's seniority and the employee's last salary, as detailed as follows: \n \n Indefinite Term Contracts: The indemnity is calculated based on a sliding scale (e.g., 30 days of salary for the first year and 20 days for each subsequent year for employees earning less than 10 minimum wages). \n Fixed-Term Contract: The indemnity equals the salary remaining for the unexpired term of the contract.  \n Work or Labor Contract: The indemnity equals the salary remaining for the expiration of the work or project, with a minimum of 15 days. \n Reinstatement: In cases of \"wrongful termination” involving employees protected by Enhanced Labor Stability, the remedy is often a court-ordered reinstatement to the same or a better position, plus the payment of all salaries and benefits accrued during the period the employee was out of work and in some cases special indemnities (e.g. 180 days of salary in case of health protection and 90 days of salary in case of maternity protection).  \n "]
["Are there protections for whistleblowers?","While Colombia does not have a single, comprehensive \"\nWhistleblower Protection Act,\" protections are specific to those who report or testify in labor harassment cases and sexual harassment in the workplace cases. \nColombian laws against Labor Harassment and Sexual Harassment in the Workplace grant \"procedural stability\" for employees who report or testify about workplace harassment or sexual harassment in the workplace. Those who report or testify in labor harassment cases cannot be terminated for six months following the report, provided the harassment is verified by the relevant authorities. In case of workplace sexual harassment, the unilateral termination of the employment agreement or the dismissal of a victim of sexual harassment who has reported the facts to the employer or contracting party shall have no legal effect if carried out within six (6) months following the filing of the request, complaint, or report.\n"]
["Do employees have a right to privacy? If so, what are the remedies for a breach?","Yes. The right to privacy is a fundamental constitutional right (\nArticle 15 of the Colombian Constitution). Specifically, regarding personal data, it is governed by \nLaw 1581 of 2012. Employers must obtain informed, prior, and express consent to process personal data. This includes limitations on monitoring personal emails, private devices, or using surveillance cameras in areas where privacy is expected (e.g., restrooms).\nIf the employer fails to respect those rights, complaints can be filed with the Superintendence of Industry and Commerce (\"\nSIC\"), which can result in significant fines. Also, the employees could file a Constitutional Action of Protection (\nAcción de Tutela) to stop the violation immediately. If the breach makes the employment relationship untenable, the employee may resign for just cause, qualifying that as an indirect dismissal, and claim the severance indemnity.\n"]
["Are employees afforded any anti-discrimination protection?"," Yes. Protection has been significantly strengthened by the Labor Reform Act ( Law 2466 of 2025 ) and previous laws: \n \n Law 2466 of 2025: Establishes a rigorous framework against discrimination based on gender, sexual orientation, race, religion, or political opinion. It shifts the burden of proof to the employer in cases where a discriminatory motive is alleged. \n Workplace Harassment (Law 1010 of 2006): Protects against persistent and demonstrable conduct aimed at infusing fear, intimidation, or causing workplace resignation. \n Law 2365 of 2024: Specifically targets sexual harassment in the workplace, requiring companies to implement prevention protocols and rigorous internal investigation procedures. \n Law 2114 of 2021: Aims to protect women from discrimination in the workplace due to being pregnant or being mothers. \n \n Also, both the Supreme Court of Justice and the Constitutional Court of Colombia have created precedent against any kind of discrimination in the workplace. Discriminatory dismissals are considered null and void, potentially leading to the mandatory reinstatement of the employee and the payment of all wages and labor accruals between the dismissal and the reinstatement. "]
["Are there statutory rights to vacation, medical leave and parental leave? Have there been any changes to leave benefits in the past 12 months? Is there any proposed legislation that employers should be aware of that will impact leave benefits?"," Yes, in Colombia, employees have these statutory rights: \n \n Vacation: All employees are entitled to enjoy 15 working days of remunerated vacation per year of service and proportionally for any fraction thereof. \n Medical Leave: Employees are entitled to sick leave in the event of illness or injury upon submission of the corresponding medical certificate to the employer. In cases of illness of common origin, employees will receive the following payments:\n \n First 2 days:  the employer must pay a benefit equivalent to 66.67% of the employee’s salary; \n Days 3 to 90:  the employee will receive 66.67% of their salary, paid by the Health Promoting Entity ( Entidad Promotora de Salud – EPS ) to which the employee is affiliated; \n Days 91 to 180: the employee will receive 50% of their salary, also paid by the  EPS ; and \n Days 181 to 540: the employee will receive 50% of their salary, paid by the Pension Fund Administrator ( Administradora de Fondos de Pensiones – AFP ) to which the employee is affiliated. If the leave arises from a work-related accident or occupational disease, the Occupational Risk Administrator ( Administradora de Riesgos Laborales – ARL ) will pay the employee 100% of their salary from the first day of leave. \n \n \n Parental Leave: Mothers are entitled to up to 18 weeks of maternity leave, while fathers are entitled to up to 2 weeks of paternity leave, both fully paid by the Social Security System. There is also a shared parental leave, under which parents may freely distribute the last six (6) weeks of the mother's leave among themselves. Additionally, a flexible part-time parental leave is available, whereby mother and/or father may opt to convert a portion of their maternity or paternity leave into a period of part-time work, for a duration equivalent to twice the time of the leave period exchanged. \n "]
["Are restrictive covenants recognized and, if so, what are reasonable restrictions as to geography, duration and scope of activity?","In Colombia, the enforceability of post-contractual non-compete clauses is highly controversial and generally restricted. Exclusivity clauses are valid and enforceable during the execution of the Contract. But while parties can sign clauses of restriction or non-compete, Colombian courts often find them unenforceable because they infringe upon the \nConstitutional Right to Work.\n"]
["Can employees be terminated for refusing to sign a restrictive covenant? What serves as consideration for a restrictive covenant?","No. Terminating an employee for refusing to sign a post-contractual non-compete clause would be considered a termination without just cause, entitling the employee to the statutory indemnity. In Colombia, restrictive covenants intended to take effect after the termination of the employment relationship constitute a violation of the right to work. While these clauses are not enforceable before labor courts, in practice employers offer a monetary incentive to encourage former employees to comply with these provisions within a specified period. The monetary recognition does not render the clauses enforceable under Colombian law; rather, it serves to incentivize former employees to adhere to the agreement’s provisions. Should former employees breach the agreement, they will forfeit the right to receive the payment. \n"]
["Does your jurisdiction require contributions to a pension or retirement scheme?"," Yes. The Comprehensive Social Security System is mandatory for all employees. Contributions are shared as follows:  \n \n \n \n \n Benefit \n \n \n Total Contribution \n \n \n Employer Share \n \n \n Employee Share \n \n \n \n \n Pension \n \n \n 16% of the Base Salary \n \n \n 12% \n \n \n 4% \n \n \n \n \n Healthcare \n \n \n 12.5% of the Base Salary \n \n \n 8.5% \n \n \n 4% \n \n \n \n \n Occupational Risks \n \n \n Varies by risk level \n \n \n 100% \n \n \n 0% \n \n \n \n \n Additionally, employees earning more than 4 times the minimum monthly legal wage per month must contribute an extra 1%-2% to the Pension Solidarity Fund. "]
["Are certain benefits mandated by your jurisdiction?"," Yes. In Colombia, these are known as fringe benefits and are mandatory for all employees with an ordinary salary. They are not considered part of the \"salary\" for calculating other benefits, but are mandatory costs for the employer: \n \n Service Bonus: Employers must pay semi-annually (in June and December) a service bonus in an amount equivalent to 15 days of each employee’s monthly salary.  \n Unemployment Saving Aid: Prior to February 15th, employers must make an annual direct deposit into an Unemployment Saving Aid Fund, to the account of each employee, known as “ cesantía ”, in an amount equivalent to one month’s salary. This payment shall be made to employees who have worked for a year between January 1st and December 31st, or proportionally for fractions thereof. Failure to make the required deposit timely would accrue a penalty of one day's salary for each day of delay until payment is made. \n Interest in Unemployment Saving Aid: Every year, employers must pay an interest charge of 12% per annum over the balance of the unemployment saving aid owed for the previous year of work (January 1st to December 31st), which interest must be paid no later than January 31st of the subsequent year. Failure to perform payment of interest would accrue a penalty equal to an additional 12%. \n Work Clothing and Footwear: Three times a year, employers must provide an endowment of one pair of shoes and one labor dress to those employees who earn up to two minimum monthly legal wages and who have been employed for at least three months. This endowment must be delivered to employees on April 30, August 31, and December 20 of each year. \n Transportation Allowance: Employers must pay a legally quantified transportation aid to all employees who earn up to two minimum monthly legal wages. For 2026, it is COP 249.095 (USD 70). \n Connectivity Allowance: Following the same rules as the transportation allowance, the connectivity allowance is recognized to teleworkers who earn up to two minimum monthly legal wages. \n "]
["Is it permitted to have a mandatory retirement age in your jurisdiction?","In Colombia, there is no mandatory retirement age in the private sector. Employers cannot unilaterally terminate an employment relationship solely on the basis that the employee has reached retirement age. While employees become eligible to access an old-age pension upon meeting the legal age (57 for women and 62 for men) and the required number of contributions or minimum capital, this does not automatically terminate the employment contract, nor does it oblige the employee to retire. Once the retirement age is reached, employees may continue working in order to increase the amount of their pension.\nHowever, if the employee applies for and is granted an old-age pension, Colombian labor law considers the recognition of such pension while the employee is still rendering services as a “just cause” for termination. Nevertheless, the employer may only terminate the employment contract once the pension has been effectively recognized and the employee has been included in the pension fund’s payroll.\n"]
["Is it possible to cease pension or insured benefits (income continuance/disability insurance, healthcare, life assurance, etc.) when work continues beyond retirement age?"," It depends on the status of the pension: \n \n Before pension is granted: Even if the employee has reached retirement age but has not yet requested and obtained the old-age pension, the employer must continue making all mandatory contributions to the health, pension, and occupational risk systems. \n After pension is granted: If the retiree returns to work or continues working after their pension is recognized: \n \n Pension Contributions: Both the employer and the employee are no longer required to make contributions to the pension system, as the risk (old age) insured has already materialized. \n Health and occupational risks (ARL): Contributions to the health system and the occupational risks system must continue. The employer remains responsible for these contributions. Although the pensioner’s health contribution is typically deducted from the pension, additional contributions may be required depending on the nature of the employment relationship. \n Other Benefits: The employee remains entitled to all other fringe benefits if the employment relationship exists.  \n \n \n "]
["Can an employer require that employees return to work in the office (absent government order to shut down)? If an employee refuses to return to the office, can the employer terminate the employee’s employment?"," This will depend on the specific work arrangement agreed between the parties. In Colombia, there are three main frameworks that allow the remote provision of services: (i) work from home, (ii) teleworking, and (iii) remote work. Each of these frameworks is subject to different rules regarding the possibility and conditions of returning to on-site work: \n \n Work from Home: Under Law 2088 of 2021 , this is an exceptional and temporary measure. Once the circumstances that justified its implementation cease to exist, the employer may require the employee to return to on-site work under its ius variandi (i.e., the power to unilaterally modify certain working conditions within legal limits).  \n Teleworking: Under Law 1221 of 2008 , this is generally a formal and permanent arrangement. If the employment contract includes a reversibility clause, the employer may require the employee to return to on-site work. In the absence of such a clause, a return to the office requires mutual agreement between the parties, typically through an amendment to the employment contract. Likewise, if the employee was originally hired under the teleworking modality, any change to on-site work must also be agreed upon by both parties. \n Remote Work: Under Law 2121 of 2021 , this modality is fully remote from the outset. A return to on-site work cannot be unilaterally imposed unless such possibility was expressly agreed upon in the employment contract.  \n \n If the employer’s request is legally grounded and the employee refuses to return to on-site work, such refusal may constitute disobedience of a lawful order and a serious breach of the employment contract. This may qualify as just cause for termination under Article 62 of the Colombian Labor Code (\" CST \"), provided that the employer complies with the applicable disciplinary due process.  "]