Colombia: Key Updates on Employment Contracts and Working Conditions

The labour reform has recently passed its second debate in the House of Representatives and will now move to the Senate for further discussion. This reform introduces significant changes, including updates on teleworking, for a particular job or service contracts, the publication of Internal Work Regulations, and adjustments to day and night work schedules. Stay informed about these key modifications and their potential impact.

 

• Telework: The reform unifies regulations for several work modalities, including mobile, autonomous, temporary, hybrid, and transnational work. In particular, the transnational modality allows employees to perform their duties from another country (with regular migratory status) under a contract governed by Colombian law. Under this arrangement, employers are required to provide insurance that covers at least basic assistance benefits in cases of accidents or illness.

 

• Particular job or service contracts: This type of contract is allowed as long as it is in writing and explicitly specifies the work or task for which the employee is hired. Failure to meet this requirement, or if the employee continues providing services after the completion of the specified work or task, will result in the contract being considered indefinite term.

 

• Publicity of the Internal Working Regulations (IWR): The reform to Article 120 of the Colombian Labour Code modernizes the obligation to publish the IWR. Employers can now fulfil this requirement not only by placing two physical copies in visible locations but also through digital channels. The IWR can be published on the company’s website or sent via email to employees, making it more accessible for consultation at any time.

 

• Day and Night Work Schedules: The reform introduces extended definitions for day and night work schedules as follows:

	Day Shift	Night Shift
Schedule	6 a.m. to 7 p.m.	7 p.m. to 6 a.m.

 

Night work will be subject to a 35% surcharge on the hours worked. Once the labour reform is enacted, a six-month grace period will be provided for the Ministry of Labour to prepare for its implementation.

For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net

For more information, please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.