Since last July, the reformed labor law in Colombia came into force, establishing several improvements for workers, who are already enjoying its benefits despite criticism from the employers' sector.
The maximum legal working week in Colombia has been set at 46 hours since July 15, 2024, until July 14, 2025. This modification is part of the gradual process of reducing the working day supported by Law 2101 of 2021.
Among the legal implications of reducing the working day is the increase in the normal working hour, and its corresponding impact on the value of overtime and surcharges, as well as the reduction in the duration of the family day and the recreational, cultural and training days contemplated in Article 21 of Law 50 of 1950.
This year the working day will increase from 47 to 46 hours, and in 2025 it will increase from 46 to 44 hours, and in 2026 it will increase from 44 to 42 hours. The employer will not be able to deduct or exempt the work day from compliance immediately, but only when the required work day is reached, which is 42 hours.
Another attractive offer of the reform is the night shift, which currently starts at 9 pm. It will be brought forward two hours, starting at 7 pm and closing at 6 am the following day. This adjustment will allow workers who work during this time to receive a 35% surcharge on their salary.
However, the night surcharge will not be applied immediately, but will come into effect six months after the law is enacted.
Consensus articles
Of the 33 articles approved, some are related to measures to make working hours more flexible and support vulnerable workers; the regulation of new forms of work, such as those related to teleworking and digital platforms; changes in daytime and nighttime work schedules; and the conditions for hiring certain types of workers, such as athletes, artists and journalists, are established.
In terms of promoting employment and formality, articles were approved regarding training and incentives for the creation of green and blue jobs, as well as flexibility in the payment of social security by micro-businesses.
In light of the limitations on current forms of contracting, new guidelines have been established for open-ended, fixed-term and part-time contracts, guidelines for contractors and subcontractors, and higher penalties for the inappropriate use of temporary service companies.
Another of the articles that received approval was article 17, which stipulates that workers who work on mandatory rest days or holidays will receive a 100 percent surcharge on their salary, in proportion to the hours worked.
The approved reform proposal also establishes seven specific situations in which employees may temporarily leave their duties without this affecting their salary.
The licenses contemplated include permission to attend scheduled or emergency medical appointments, as well as situations related to incapacitating menstrual cycles or medical conditions such as endometriosis.
In addition, leave is provided to deal with serious domestic calamities, participate in union committees and attend to children's school obligations, provided that attendance at educational activities is accredited.
Conservative Criticism
Regarding the issue of leave, several congressmen have warned that this article could open the door to the end of presenting medical excuses for absences due to health reasons. This is because it does not require the employee to prove the pathology that caused the incapacity.
Right-wing Congresswoman Catherine Juvinao called the leave issue an "outrage that imposes an unsustainable burden on any small business. How could they deal with countless leaves of absence that employees don't have to prove? The word of the worker would suffice, and they'd go bankrupt."
Some figures published by employers in Colombia claim that between June and August 2024 there was an increase in the unemployment rate, which went from 9,4% in 2023 to 9,9% in 2024. In addition, both the employment rate and the participation rate decreased, with all variations being statistically significant.
