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Written Agreements

Although Colombia's Labor Code allows both oral and written contracts, fixed-term contracts must be in writing and are applicable for a term of up to 3 years with unlimited renewals.

Under the law, all personal employment relationships must be governed by an employment contract, which, like all other contracts, must be executed in good faith.

The Code states that employment contracts concluded in writing are to be made in multiple copies for the employee and the employer. The agreement must include the following information:

• Identification and domicile of the parties
• The place and date of the signing of the contract
• The place of work
• The nature of work
• The amount of remuneration, its form, and periods of payment
• Any other allowances included in the salary
• Any non-salary payments
• The length of the probationary period
• Duration of the contract and conditions of termination

Employers can include a non-competition clause that requires an employee to agree not to work in a certain activity or not to provide their services to employer's competitors, once their employment contract has concluded. However, this clause has no legal effect, except for 1 year in case of technical, industrial or agricultural employees, in which case compensation must be agreed upon for the period of abstention, which in no case can be less than half the salary.

Oral Agreements

According to the Labor Code of Colombia, when an employment contract is concluded verbally, the employee and the employer must at least agree on the following points:

• The nature of the work and the place where it is to be done
• The amount and form of remuneration, whether per unit of time, per work performed, per task, per piecework, or any other form, and the periods of payment
• The duration of the contract, and any applicable trial period, whether the contract is for an indefinite term, a fixed-term, or the duration of the performance of a specific job

Implied Agreements

In Colombia, there are no provisions or guidance on implied contracts. Contracts must be made in writing or verbally. The best practice in the industry is to be cautious of implied contracts by frequently utilizing or adapting written agreements.

The Labor Code of Colombia stipulates that the maximum working hours for adults are 46 hours per week, effective July 15, 2024, and will be reduced to 44 hours per week from July 15, 2025, and further down to 42 hours from July 15, 2026. The number of hours of daily work can be distributed in a variable manner during the respective week, having a minimum of 4 continuous hours and a maximum of up to 9 hours per day without any surcharge for supplementary work, provided the number of working hours does not exceed the average of 46 weekly hours. The maximum working duration for minors is as follows:

• Persons between 15 and 17 years of age can work a maximum of 6 hours per day and 36 hours per week
• Persons over 17 years of age can work a maximum of 8 hours per day and 48 hours per week

When the nature of the work does not require continuous activity and it is carried out in shifts, the duration of the workday can be extended to more than 8 hours, or 48 hours per week, provided that the average working hours do not exceed 8 hours per day or 48 per week.

Effective April 2022, Colombia enacted Decree 555 to regulate remote work. Furthermore, employees and public servants have the right to disconnect from work, which begins once the working day is over. The employer must guarantee that the work and public servant can effectively and fully enjoy rest time, licenses, permits, vacations, and their personal and family life.

New Year’s Day, January 1; Epiphany, January 6; Saint Joseph’s Day, March 25; Maundy Thursday, Variable; Good Friday, Variable; Easter Day, Variable; Labor Day/May Day, May 1; Ascension Day, Jun 3; Corpus Christi, June 24; Sacred Heart, July 1; Independence Day, July 20; Battle of Boyaca, August 7; The assumption of the Virgin, August 19; Race Day, October 15; All Saints Day, November 4; Independence of Cartagena, November 11; Day of the Immaculate Conception, December 8; Christmas, Dec 25.

The Labor Code of Colombia requires the probationary period to be stipulated in writing. If the original probationary period is less than one month, it can be extended before the expiration, but under no circumstances can the total probationary period exceed 2 months.

Either party may unilaterally terminate the employment contract at any time during the probationary period without incurring penalties or obligations, and without prior notice.

Notice Period

In Colombia, termination of a contract for indefinite duration requires a notice period of 45 days. Terminating a fixed-term contract of over 1 month requires prior notice of at least 30 days or 15 days in cases of termination for just cause. Employers may also give an employee pay in lieu of notice when terminating a fixed-term agreement.

Severance Benefits

According to the Labor Code of Colombia, dismissed employees are entitled to severance pay for their service. If the termination was unilateral and without cause, indefinite term employees are entitled to receive severance as follows:

• For employees earning less than 10 times the minimum legal monthly wages, the compensation is 30 days of salary for the first year of service and 20 days of salary for each additional year of service (proportional to the fraction of a year)
• For employees who earn 10 minimum legal wages or more, the compensation is 20 days of salary for the first year of service and 15 days of salary for each additional year of service (proportional to the fraction of a year)

In fixed-term contracts, the severance is paid as salary corresponding to the time remaining to fulfill the stipulated term of the contract or the period determined by the duration of the work or the contracted labor, in which case the severance pay shall not be less than 15 days.

Minimum Wage

Effective January 1, 2025, Colombia increased the minimum monthly salary to COP 1,423,500 (Colombian pesos). The monthly amount of transportation aid for 2025 increased to COP 200,000. The monthly transportation aid must be paid to employees who earn up to double the monthly minimum wage.

Overtime, Holiday & Vacation Pay

Generally, overtime work may not exceed two hours per day and 12 hours per week. If the daily working hours are scheduled at 10 hours, overtime work is not permitted. Employees who work beyond the stipulated hours (i.e., 8 hours a day and 48 per week) are entitled to overtime pay according to the following schedule:

• 125% of the regular hourly rate for overtime work during daytime hours
• 175% of the regular hourly rate for overtime work performed during nighttime hours.

Employees are paid their regular salary while on annual leave. The amount of the annual leave benefit is equal to the basic salary that the employee was earning the day on which the annual leave started. Payment for annual leave for workers with a variable salary is calculated as the average wage earned in the year immediately preceding the year in which annual leave commences.

Work on Sundays and holidays will be remunerated with a surcharge of 75% on the ordinary salary in proportion to the hours worked.

Visas

In Colombia, the following visa categories are available:

• Visitor Visa (type V): for the foreigner wishing to visit Colombia once or several times or to stay temporarily in the country without this being permanent.
• Resident Visa (type R): for those aspiring to establish themselves or begin permanent residency in Colombia.
• Migrant Visa (type M): for the foreigner who wishes to enter or remain in the national territory with the intention of establishing himself/herself and does not meet the conditions for a type R visa.

Work Permits

The immigration law requires foreign nationals to obtain a work visa for employment in Colombia. A work visa is issued by the Internal Working Group of the Minister of Foreign Affairs for a period of 2 years for multiple entries. For artistic, sports, or cultural groups, the work visa is granted for 6 months.

Applicants must submit employment contract, certificate of existence of the employer and proof of qualifications.