Colombia: Decree 223 of 2026 Regulates Internships and Apprenticeship Contracts
Introduction
On 5 March 2026, the Ministry of Labour issued Decree 223 of 2026, which regulates internships and student engagement mechanisms, replacing a chapter of Decree 1072 of 2015 (Unified Labour Sector Regulation).
The decree introduces a revised framework governing the relationship between students, companies, and educational institutions, clarifying the legal nature of internships and reaffirming the rules applicable to apprenticeship contracts under the Labour Reform (Law 2466 of 2025).
Conceptual Framework and Scope
The decree establishes a new conceptual structure under which internships are defined as the overarching category encompassing two modalities: apprenticeship contracts and training placements (vinculación formativa).
Training placements replace the definition of internships previously contained in Law 1780 of 2016 and are expressly characterised as non-employment relationships. In contrast, apprenticeship contracts are defined as special fixed-term employment contracts, with a maximum duration of three years, under which students receive theoretical and practical training in exchange for a monthly allowance, as established by Law 2466 of 2025.
Internships are structured as tripartite relationships between the student, the host entity (company), and the educational institution. As a general rule, they must be carried out in person, although hybrid or remote arrangements are permitted where agreed by the parties and where the nature of the activities allows.
General Rules Applicable to Internships
The decree establishes age-related restrictions, providing that internships may not be carried out by individuals under fifteen (15) years of age. Students between fifteen (15) and seventeen (17) years require prior authorisation from the Labour Inspector or the relevant local authority, while those aged seventeen (17) to eighteen (18) do not require such authorisation.
Working time during training placements is subject to specific limits: a maximum of six hours per day and thirty hours per week for individuals under seventeen, and up to eight hours per day and forty hours per week for those between seventeen and eighteen. In all cases, if the host entity operates under shorter working hours, those lower limits must apply.
Entities, both public and private, are required to report available and filled internship positions to the Public Employment Service information system. Additionally, internship arrangements must be formalised in writing prior to their commencement, either through an administrative act (in the case of public entities) or through an agreement between the three parties.
Students engaged under training placements are not subject to the Internal Work Regulations of the host entity, as no employment relationship exists. However, companies must adopt internal internship rules to ensure proper organization and discipline.
Training Placements: Practical Considerations
The decree introduces several operational obligations for training placements. These include reporting requirements for foreign students through the RUTEC system and specific rules on intellectual property, under which students retain moral rights, while economic rights generally belong to the host entity. In cases where no allowance is paid, the student must receive proportional recognition for their creative contribution.
Internship schedules may not exceed the legal maximum working hours, and their duration must align with the academic program, although extensions are permitted within that limit.
Apprenticeship Contracts: Key Features
The decree reiterates and develops the provisions introduced by Law 2466 of 2025 regarding apprenticeship contracts. These contracts must be executed in writing, may not exceed three years, and must include both a theoretical (lective) and a practical phase.
The allowance provided to apprentices is not considered salary, and the rules on social security contributions and benefits apply as defined under the labour reform, particularly during the practical phase or dual training.
Subordination is limited exclusively to training-related activities, restricting the employer’s managerial and disciplinary authority. Any disciplinary action, suspension, or termination must be communicated to the educational institution and, where applicable, reported to SENA through the corresponding system.
The decree also clarifies that no probation period may be agreed, that occupational medical examinations are the responsibility of the host entity, and that only the practical phase (or the full duration in dual training) is considered for purposes of calculating employment-related benefits.
Termination, Suspension, and Collective Rights
Apprenticeship contracts may terminate upon expiration of their term without prior notice, or earlier with or without cause, in accordance with applicable labour rules. The decree prohibits entering into a new apprenticeship contract with the same individual unless it corresponds to a higher level within a training pathway, and multiple apprenticeship contracts may not coexist.
The decree also regulates suspension scenarios, including collective vacations, parental leave, medical leave exceeding five working days within a calendar month, force majeure, and suspension of the host entity’s activities. During suspension, the allowance is not payable, and such periods are not counted for contract duration or benefit calculations.
Importantly, apprentices are recognized as holders of collective labour rights, including unionisation, collective bargaining, and the right to strike. They may also participate in workplace committees such as COPASST and coexistence committees. However, their allowance may not be regulated through collective agreements.
Conclusion
Decree 223 of 2026 introduces a more structured and differentiated framework for internships and apprenticeship contracts, clearly distinguishing between non-employment training arrangements and special employment relationships. The regulation reinforces formalisation requirements, expands reporting and compliance obligations, and clarifies key aspects of working time, intellectual property, and disciplinary authority.
For employers, the new framework requires a careful review of student engagement models, internal policies, and documentation practices to ensure proper classification of arrangements and compliance with the updated regulatory regime.
