Requirement for Foreign Employees to Work
Every foreign person needs a special permit or ‘VISA’ to perform their services in Colombia. The types of visas that exist in Colombia for foreigners to work are the following:
- The M type visa is for people who plan to live and work in Colombia temporarily and is valid for three years.
- The R type visa is for people whose plan is to establish themselves in Colombia permanently.
- The technical visa is for foreign workers who provide specialised technical assistance for no more than 180 days in a 365-day period.
- The other type of visa is a digital nomad visa. This visa is for individuals who are employed by companies that operate outside of Colombia to live in Colombia for up to two years.
To determine which category or special permit must be requested for the potential foreign employee, it is important to establish whether the service to be performed by the foreigner is temporary (short duration) or permanent (long duration).
Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
Depending on the specific needs, a temporary service agency might be an alternative. Otherwise, the employer must be established in Colombia in order to comply with obligations and payments to the social security system.
Limitations on Background Checks
In Colombia, it is common for organisations to conduct background checks on new job applicants. These checks may include reviewing work experience, public disciplinary records (for public servants), and personal references. However, there are express prohibitions on background checks in the legislation, including the following:
- HIV tests or conditions.
- Pregnancy test.
- Mandatory military service approval.
- Unionised condition.
- Diseases or disabilities.
In general, it must be said that any background check that might be considered discriminatory is prohibited unless an objective justification is proven. Also, data protection legislation (the Act 1581 of 2012) provides certain restrictions on the information potential and former employers can publish about candidates and former employees.
Restrictions on Application/Interview Questions
Employers are prohibited from asking any question that may be considered discriminatory. Any question or restriction on the application of a candidate regarding his age, sexual orientation, civil status, religious beliefs, political opinion, language, race, diseases, unionised condition or any other consideration that does not have any relation to the position to be performed, and might lead to a discriminatory ground, must be avoided. In particular, employers are forbidden from asking potential candidates to perform HIV and/or pregnancy tests as a condition for the application, unless this condition is proving to be incompatible with the position the person applied for.
