Colombia: The Labour Reform Officially Becomes Law Upon its Sanction by President Petro

On Wednesday, 25^th June 2025, President Gustavo Petro enacted Law 2466 of 2025, also known as the Labour Reform. This law introduces significant amendments to the Colombian Labour Code, Law 50 of 1990, Law 789 of 2002, and other labour-related provisions.

The reform applies exclusively to individual and collective labour relations in the private sector, as well as to collective labour relations in the public sector—with the exception of public employees’ negotiation rights, which remain unchanged. Below you will find key aspects of the main changes:

 

Working Hours and Remuneration

• Day and Night Work: Daytime work is defined as any work performed between 6:00 a.m. and 7:00 p.m., while nighttime work refers to work carried out between 7:00 p.m. and 6:00 a.m. This change will take effect six months after the law’s enactment.
• Compensation for Work on Mandatory Rest Days: Work performed on mandatory rest days will be compensated with a 100% surcharge on the ordinary hourly wage, proportional to the hours worked. This is in addition to the employee’s right to receive their regular weekly salary for having worked the whole week.

Economic Benefits and Contractual Conditions

• Apprenticeship Contract: The new law recognises that apprenticeship contracts have an employment relationship. This means that during the learning phase, apprentices must be covered by health insurance and work risk insurance. In the practical phase, they must also be enrolled in the pension system. They will receive the same benefits and rights as any other employee, such as allowances and other labour protections.

 

Inclusion and Labour Protection

• Hiring of People with Disabilities: Companies with 500 or fewer employees must hire at least two workers with disabilities for every 100 employees. For companies with more than 500 employees, an additional worker with a disability must be hired for every 100 extra employees.
• Migrant Workers: Migration status will not be a barrier to access to labour or social security rights. Foreign workers in Colombia, regardless of their migration status, will have the same labour protections as Colombian workers, unless the Constitution or a specific law states otherwise.
• Protection Against Discrimination: Employers are prohibited from engaging in any form of discrimination in the workplace. Some key rules include:

1. No discrimination against women or people with diverse gender identities, including actions or omissions that negatively affect their rights at work.
2. Pregnant workers cannot be assigned physically demanding tasks that could endanger their health, pregnancy, or the baby’s development. Refusing such tasks should not result in lower pay or worse working conditions.
3. No discrimination against workers who are victims of gender-based violence.
4. Workers cannot be dismissed or pressured to resign because of their religion, political views, race, or ethnic background.
5. Workers must be free to practice their religion or express political views, as long as it does not interfere with their job duties.
6. No dismissals or pressure to resign based on an employee’s physical or mental health.

 

Labour Relations and Procedures

• Disciplinary Process: The following steps must be followed when conducting a disciplinary process:

1. Formally notify the employee that a disciplinary process has been initiated.
2. Provide written details of the facts or conduct that prompted the process.
3. Share any evidence related to the case with the employee.
4. Allow the employee at least five days to respond, question the evidence, and present a defence. If this response is given verbally, a written record must be prepared.
5. Issue a reasoned decision, clearly explaining the grounds of the decision.
6. If applicable, apply a sanction that is proportionate to the facts.
7. Allow the employee to appeal or challenge the decision.

 

If the employee is a union member, they may be accompanied during the process by one or two union representatives who also work at the company. These representatives may attend the proceedings to help ensure that due process is respected.

 

• Contributions for Part-Time Work: Micro-enterprises and households are allowed to make social security contributions for part-time workers. These contributions must be calculated in weeks and reported at the end of each month.
• Formalization of Digital Platform Delivery Workers: Workers who provide services through digital delivery platforms may be classified as either employees or self-employed. This will depend on whether their work is subject to exclusivity clauses—if they can only work for one platform, they may be considered dependent employees.
• Monetization of the Apprenticeship Quota: Companies required to hire apprentices must pay a monthly fee to the National Apprenticeship Service (SENA, by its initials in Spanish) equivalent to 1.5 times the legal monthly minimum wage for each apprentice not hired. If the company only partially meets the required quota, the payment will be proportional to the number of apprentices missing to fulfil the minimum obligation.

 

Incentives for job creation

• First Job and Last Job Programs: The reform introduces the CREA EMPLEO incentive, designed to promote job opportunities for women, young people, and individuals aged 50 and above. Under this program, companies with up to 50 employees may receive a government contribution of up to 25% of one legal monthly minimum wage (SMLMV) for each new position created.
• Other Programs: Special programs will be developed to support formal employment for victims of the armed conflict. In addition, initiatives will be promoted to facilitate access to employment for individuals who have completed studies recognized by the Ministry of Education and the Ministry of Labour, including senior citizens.

 

Next Steps

 Law 2466 of 2025 has already been enacted; however, some of its provisions will take effect progressively over the next six to twelve months, while others will require further regulation by the government.