Colombia: Ministry of Labour Issues General Guidelines on Working Hours
Through External Circular 0101 of September 22, 2025, the Ministry of Labour outlined the guidelines it considers relevant for interpreting and applying the provisions of Law 2466 of 2025 (Labour Reform) regarding working hours. Although the Circular presents itself as guidance aimed at providing criteria and instructions, it does not appear to have binding effect. Nevertheless, employers should expect the Ministry to review compliance with these guidelines. It is also worth recalling that circulars are not the proper legal mechanism to regulate laws and that the Government’s regulatory authority remains subject to limits, as noted previously in Bulletin No. 28 of 2025. This may give rise to discussions about whether the Ministry has exceeded its powers, potentially leading to administrative actions for annulment or even actions for unconstitutionality.
Below are the most relevant aspects addressed in the Circular:
Potentially Impactful Aspects
A. Work on Mandatory Rest Days
- Work performed during a mandatory rest day
According to the Ministry, when work is performed during a mandatory rest day due to operational needs, those hours must be counted as part of the weekly working hours (44 hours in 2025 and 42 hours from July 2026 onward). In any case, work on a mandatory rest day must be paid with the corresponding legal surcharge. This interpretation contradicts the structure of the Labour Code and the consistent case law of the Supreme Court of Justice (including decisions such as Judgment No. 10079 of 1997, SL3567 of 2019, and SL4930 of 2020).
- Notion of mandatory rest day
The Circular recalls paragraph 2 of Article 179 of the Labour Code, which clarifies that references to “Sunday” should be understood as the mandatory weekly rest day. It also reiterates paragraph 3 of the same article, which authorises employers and workers to agree in writing on a mandatory rest day other than Sunday.
- Payment for Sunday or holiday work
The Ministry interprets that work performed on Sundays or holidays requires paying:
a) the value of the remunerated rest day under Article 173;
b) payment for the hours effectively worked that day (Law 2466/25 art. 14 and Article 179 of the Labour Code); and
c) an additional surcharge, calculated over the hour value, equivalent to 80% in 2025, 90% in 2026, and 100% in 2027.
This interpretation again departs from Supreme Court precedent on the payment of Sunday work. The Circular also notes that Article 174 of the Labour Code states that every salary includes payment of mandatory remunerated rest days.
B. Distribution of Working Hours and Breaks
The Circular refers to Article 167 of the Labour Code, which requires working hours to be distributed in at least two segments with an intermediate break suited to the nature of the work and employees’ needs. It also recalls that the Internal Work Regulations must establish entry and exit times in accordance with Article 108 of the Labour Code. The Ministry additionally states:
I. Although Article 108 only mandates including these matters in the Internal Work Regulations, schedules may also be established in employment contracts or collective agreements.
II. Employers must regulate meal and rest breaks, specifying which periods count toward the working day. Breaks must be reasonable and proportionate.
III. Activities such as active pauses, short breaks for physiological needs, brief rest periods due to fatigue, or quick snacks differ from the mandatory intermediate break under Article 167 and are therefore part of the daily maximum of eight working hours.
Other Considerations
a. Maximum Working Hours. The Circular reiterates that, under Law 2101 of 2021 and Law 2466 of 2025, the maximum legal working hours are eight per day and 42 per week, distributed across five or six days. It also recalls the possibility of extending workdays by up to two hours per day (without constituting overtime) when the purpose is to allow workers to rest the entire Saturday, subject to agreement. Additionally, employers may adopt the gradual implementation schedule: 44 weekly hours starting July 15, 2025, and 42 weekly hours starting July 15, 2026.
b. Exceptions to the Daily Maximum of Eight Hours. The Circular mentions that certain legally recognized special working hours may apply, including: flexible schedules; work classified as unhealthy or hazardous; minors’ working hours; shifts of six hours per day and 36 per week; rotating shifts under Article 165; continuous work under Article 166; employees in positions of direction, trust, or management; intermittent or surveillance work under Article 162; and work required due to force majeure or fortuitous events under Article 163.
c. Maximum Hours for Domestic Workers. The Circular reiterates that domestic workers are fully entitled to the maximum legal working hours without exception.
d. Reduction of Working Hours and Piece-Rate Workers. The Ministry clarifies that piece-rate payment is not a type of contract but rather a remuneration method. It does not exempt any labour rights. Since reducing working hours affects the time available for performing piece-rate tasks, a formula must be applied to correct the impact of reduced working time on earnings.
e. Overtime, Records, and Authorisation. The Circular restates that overtime is limited to two hours per day and twelve per week. It also notes that under Law 2466 of 2025, Ministry authorisation is no longer required to perform overtime. Employers must keep a record of supplementary work, including the activity performed, number of hours, and whether they were daytime or nighttime. Proof of payment must be provided to the worker, even if this document is not formally part of the overtime record.
f. Calculation of the Hourly Rate After the Reduction of Working Hours. The Circular explains that reducing working hours does not permit reducing wages. Therefore, the value of the hour is calculated by dividing the worker’s monthly salary by 220 hours for 2024.
Conclusions
External Circular 0101 introduces criteria that, despite being framed as guidance, may influence how the Ministry evaluates employer compliance with Law 2466 of 2025. Several interpretations adopted by the Ministry depart from existing case law of the Supreme Court of Justice and expand obligations in areas where the law has not delegated regulatory authority. These elements suggest a high likelihood of future legal debate regarding the limits of the Ministry’s powers, particularly in matters related to rest-day work, surcharges, and the structure of the working day. Employers should carefully review internal policies, working-hour arrangements, and payroll practices to assess the potential implications of these guidelines and anticipate possible challenges arising from differences between the Circular and established legal doctrine.
