Colombia: Proposals to Adjust Overtime modifying the Substantive Labour Code
Currently in Colombia the weekly working hours were already modified by Law 2101 of 2021, whereby them are gradually reduced to forty-two hours (42), without reducing worker’s salaries. Now, there are three bill proposals that seek to modify the night-work surcharge, the applicable rates of remuneration, ensuring the protection of fair pay commensurate with the quantity and quality of work, as well as rest time to ensure compliance with ILO recommendations on decent and dignified work.
The main change proposed on these bills is the adjustment in the regular and night-time working hours, that will be modified to: Day work, will be considered as work performed between (6:00) six o’clock to eighteen o’clock (18:00), and night work will be from eighteen hours (18:00) and six hours (6:00).
It also contemplates overtime paid value for night work, how rates will be modified, and surcharges will be paid, new percentages are suggested for each case.
Nowadays, in Colombia the schedule to consider daytime is from 6:00 am to 9:00 pm, and the night surcharge starts at 9:00 pm to 6:00 am. On the other hand, the bill proposals also suggest changes in the surcharge’s percentage amount, the ones propose are higher in favour of the worker; in case they get approved it would be the highest surcharges in the Latin American region.
Additionally, an extra item in the fee and surcharge settlement is posed: a surcharge of 10% of the value of ordinary work for free appointment, administrative and trust positions employees.
Lastly, regarding the compensation for Sundays and bank holidays, the surcharge offer will be one hundred per cent (100%).
Key Action Points for Human-Resources and In-House Counsel
Since all proposed bills are still being debated in congress, with the new government it is clear that workers or employees can anticipate more protection regarding decent and dignified work.
Employers are encouraged to remain at disposal on new employment and labour law regulations, according to the new Government objectives, if implemented, may need to be undertaken in the workplace as well as change the remuneration with the aim of the employee’s well-being.