Colombia: Guidelines for Implementing Apprenticeship Contracts under the 2025 Labour Reform

As outlined in our previous issue, Law 2466 of 2025 (Labour Reform) establishes the employment status of apprenticeship contracts.

Accordingly, the Ministry of Labour, through External Circular No. 0083 of July 18, 2025, has issued guidelines for the interpretation and enforcement of Article 21 of Law 2466 of 2025, which governs the new apprenticeship contract. Below are the key considerations for the application of this law in relation to existing contracts, payments, social security, labour rights, and employer obligations.

 

Effect on Current and Future Contracts

The National Learning Service (SENA, by its initials in Spanish) had advised companies that existing apprenticeship contracts would remain subject to Law 789 of 2002, rather than the new Law 2466 of 2025. However, the text of the new law does not clearly establish a transitional regime for such contracts. To address this gap, the Ministry of Labour has issued the following clarifications:

 

1. Apprenticeship contracts signed before June 25, 2025: Contracts in force as of June 25, 2025, will now be governed by Law 2466 of 2025, but only with respect to events occurring on or after that date.
2. Apprenticeship contracts signed on or after June 25, 2025: For contracts entered into after the law’s effective date, the Ministry confirms that Law 2466 of 2025 will apply in full, with mandatory payments established for each training stage.

 

Required Payments by Training Stage

 

Type of Training	Contract Stage	Monthly Support Allowance	Social Security	Other Employment Rights
Dual training	First Year	Equivalent to 75% of one (1) Monthly Minimum Legal Wage (SMMLV, by its initials in Spanish)	Enrolment in and contributions to the General Social Security System in health, pension, and occupational risks.	Entitled to benefits, allowances, and other rights applicable to an employment contract throughout its duration.
	Second Year	Equivalent to 100% of one (1) SMMLV
Traditional Training	Academic Stage	Equivalent to 75% of one (1) SMMLV	Enrolment in and contributions to the General Social Security System for health and occupational risks are paid by the employer.	Payment of the support allowance, as well as health and occupational risk coverage, applies.
	Practical Stage	Equivalent to 100% of one (1) SMMLV	Enrolment in and contributions to the General Social Security System in health, pension, and occupational risks.	Entitled to benefits, allowances, and other rights applicable to an employment contract during the practical stage.
University Students	Any modality or stage	Equivalent to 100% of one (1) SMMLV	Depending on the stage: only health and occupational risks (academic stage) or health, pension, and occupational risks (practical stage)	Regardless of the modality (academic or dual), during the academic stage, payment of the support allowance applies along with health and occupational risk coverage. In the practical stage, benefits, allowances, and other rights applicable to an employment contract also apply.

 

 

Apprenticeship Contract Term, Registration, and Extensions

Extensions are permitted only if the training program remains in effect and may not, under any circumstances, exceed three (3) years. The prohibition under Law 789 of 2002 against entering into a new apprenticeship contract with the same individual after the completion of a prior one, or hiring a former employee as an apprentice, remains in force. All apprenticeship contracts—whether mandatory or voluntary—must be reported to SENA through the Virtual Apprentice Management System (SGVA, by its initials in Spanish).

 

Disciplinary Regime for Apprenticeship Contracts

The employer’s authority and disciplinary powers apply solely to activities related to the apprenticeship. Accordingly, the employer must incorporate into its Internal Work Regulations the disciplinary procedures established under Law 2466 of 2025. In addition, apprentices remain subject to the disciplinary rules of the training institution, as outlined in their enrolment contract.

 

Authorisation for Adolescents to Undertake Work Experience through an Apprenticeship Contract

Work experience is prohibited for individuals under 15 years of age. For those aged 15 to 17, prior authorisation from the Labour and Social Security Inspector is required before an apprenticeship contract can be signed.

 

Collective Labour Rights in Apprenticeship Contracts
The right of association for all workers, including apprentices, is reaffirmed. Apprentices may join a trade union in their capacity as workers and participate in collective bargaining, strikes, and other activities arising from this right.

 

Quota for Workers with Disabilities and Participation in Committees
As they are considered workers, apprentices in the practical stage count towards the quota for workers with disabilities (mandatory from 25 June 2026) and are eligible to participate in Occupational Health and Safety Committees (COPASST, by its initials in Spanish) and Workplace Coexistence Committees.

 

Competencies of the Ministry of Labour and SENA
The Ministry of Labour will be responsible for the inspection, monitoring, and oversight of apprenticeship contracts and their implementation. SENA will be responsible for ensuring compliance with the mandatory apprenticeship quota and its monetisation.

Law 2466 of 2025 introduces substantial reforms to the regulation of apprenticeship contracts, impacting both employers and apprentices. A clear understanding and proper application of these provisions are essential to ensuring compliance, safeguarding apprentices’ rights, and enhancing the management of trainees.