Prepared By Juan Andrés Vargas
Changes to the bill.
On November 17th, 2024, the Plenary of the House of Representatives held the final debate regarding the labor reform. The initiative is now pending only its last stage as per the legislative process: the debate in the Seventh Committee of the Senate.
Regarding the bill:
- So far, 81 articles have been approved, and 7 have been deleted.
- The deadline for the bill’s approval is June 20th, 2025.
- The labor reform in Colombia shall impact business management, affecting employment agreements, schedules, and new obligations related to the inclusion of employees reintegrated from the local armed conflict, warranties regarding health limitations, automatization, and unions.
Therefore, we outlined the articles under discussion along with an analysis of their impact.
Article | Economic Impact |
13. Day and Night Work. | Day work will apply from 6:00 a.m. to 7:00 p.m., and night work from 7:00 p.m. to 6:00 a.m., increasing overtime payment. |
17. Payment of Mandatory Rest Days. | Surcharge for work on Sundays will increase from 75% to 80% in July 2025, 90% in July 2026, and 100% in July 2027. |
18. Paid leaves | New paid leaves for medical appointments, school obligations, and family emergencies. |
22. Apprenticeship agreement | It will be classified as an employment agreement, and the income will increase from 50% (current) to 60% of the legal minimum monthly wage (LMMW) during the academic phase. |
23. Payment of the apprentice quota | Payment of the quota will increase from 1 to 1.5 LMMW per apprentice. |
27. Social security and occupational hazards for digital platform employees | Depending on whether the employee is dependent or independent, the company/platform will assume certain costs: Independent: The company covers 60% of health and pension contributions; the employee pays 40%. |
37. Formalization of domestic work | Individuals providing domestic services must be employed by means of an employment agreement. |
41. Hiring of athletes | Professional athletes and coaching staff must be employed under a labor agreement specifying conditions, duration, termination, sports rights, contract transfer, among others. |
43. Contract for art and culture workers | Artists in a subordinate relationship must be hired by means of an employment contract. |
49. Paternity leave | Paternity leave will progressively increase to 3 weeks in 2025 and to 4 weeks in 2026. |
57. Connectivity allowance | Employers must pay a connectivity allowance instead of the mandatory transportation allowance. |
66. Prohibition of collective agreements | If a company with unions signs or extends collective bargaining agreements and the union represents more than 1/3 of the employees, the Ministry of Labor may investigate and impose fines. |
Deleted Articles | Economic Impact |
8. Statutory severance upon ungrounded termination. | The applicable severance payment would increase to 45 days’ salary, increasing progressively based on the employees’ seniority. |
31, 32, and 33. Agricultural contract | Created the “agricultural agreement”, |
50. Maternity and paternity leave | Extends maternity and paternity leave for same-sex couples adopting a child. |
Article | Administrative Impact |
7. Disciplinary proceedings | To terminate an employment agreement with grounded cause, the employer must conduct a disciplinary proceeding. This could lead to the interpretation that terminations are disciplinary sanctions. |
9. Publication of the Internal Workrule Regulations | Employers must publish the internal workplace policy (“IWP”) on their website and send it to employees via e-mail. |
11. Reassignment of employees with labor stability protection | Employees with health restrictions have the right to be reassigned with guidance from the Occupational Hazards Entity (“ARL”) without deterioration of labor conditions. |
12. Objective job evaluation criteria | Employers must set salaries based on skills, physical or mental effort, and working conditions. |
15. Overtime records | Employers must keep records of employees’ overtime work. The bill includes a new presumption against the employer for non-compliance. |
21. Measures to eliminate workplace violence, harassment, and discrimination | Expands the definitions of workplace violence and harassment, requiring employers to publish protection and remediation policies. |
26. Information registration | Digital delivery platform companies must enforce identity recognition mechanisms. |
28. Registration system for digital delivery platform companies | Digital delivery platform companies must register before the Ministry of Labor, specifying the number of employees. |
29. Transparency and use of automated supervision and decision-making systems | Digital delivery platform companies must inform employees about automated supervision systems, including order access, earnings, and effective working time. |
30. Human supervision of automated services | Digital platform companies must periodically supervise and evaluate the impact of automated decision-making systems. |
44. Labor relations measures for journalists, social communicators, and related professions | The working schedule of journalists, social communicators, and related professionals will include the time they extend their schedule to fulfill specific orders or instructions. |
45. Contractors and subcontractors | Employers must ensure that contractors have their own business organization. |
47 and 48. Flexible working hours for employees | Guarantees flexible schedules for employees with caregiving responsibilities. |
51. Special employer obligations | New employer obligations: delete barriers for employees with disabilities, comply with orders benefiting victims of violence, prioritize the reassignment of women victims of conflict, hire at least two employees with disabilities in companies with more than 100 employees, and report their hiring before the Ministry of Labor within 15 days. |
58. Labor, union, and social security guarantees for teleworkers | Transnational teleworkers in Colombia must comply with local regulations, be covered by the Occupational Hazards Entity (“ARL”), and receive training in technological tools, increasing administrative management for companies. |
60. Labor protection in automation processes | If automation eliminates jobs, employees must be informed six months in advance, have access to labor retraining, relocation, and receive severance pay for termination without grounded cause. |
61. Labor protection in decarbonization processes | Mining and oil exploitation companies undergoing decarbonization must have a closure plan and labor rights protection measures. |
63. Summary judicial procedure for union rights protection | Employees can file claims for anti-union acts before a labor judge, who follows an expedited process with deadlines of 5, 10, and 10 days, increasing administrative burdens and legal risks. |
Article | Impact on business restrictions |
New: Promotion of sustainable work | Companies must adopt sustainable labor practices that minimize environmental impact. |
5. Indefinite-term employment contract | Employment agreements should generally be for an indefinite-term, limiting other hiring modalities. |
6. Fixed-term contract | Limits the use of fixed-term contracts to a maximum of four years, including extensions, requiring a specific justification for the fixed duration. |
10. Reinforced labor stability | Extends maternity protection to adoptive mothers, elevates pre-pensioners’ protection to legal status, and expands protection for employees with disabilities. |
14. Maximum legal working hours | The maximum legal working schedule must progressively decrease: to 44 hours on July 15th, 2025, and to 42 hours on July 15th, 2026, removing exemptions related to family day recognition and training hours. |
19. Limits on subordination | Employers cannot exert subordination in a discriminatory manner based on any personal condition. |
20. Protection against discrimination | New bans on discriminatory behaviors by employers. |
25. Work modalities on digital platforms | The employer-employee relationship on digital platforms can be either dependent/subordinate or autonomous/independent. Employers must eliminate exclusivity clauses for independent digital platform employees. |
36. Protection of rural female employees | Companies must provide special protections for female agricultural employees. |
40. Jobs in emergency response and reforestation | Entities with emergency response and reforestation programs must fill 50% of vacancies with local employees, farmers, and conflict victims. |
62. Right to association guarantees | Strengthens union rights, including paid leave for union activities, employer communication, access to economic information, and protection against discrimination. Denying leave or information without grounds is considered an anti-union practice. |
67. Prohibition of union agreements | Prohibits signing union agreements that delegate work execution to unions for third parties. |
Article | Development – without economic or administrative impact |
1. Objective | Defines the scope, modifications, and guiding principles of the bill. |
2. Regulated relationships | Governs individual and collective labor relations in the private sector and applies to official employees. |
3. Inapplicability restriction | Does not modify individual labor relations in the public sector. |
4. Principles | Lists the principles governing the regulated relationships, such as equality, stability, and non-waivability. |
24. Definitions of digital platform work | Defines digital delivery platform employees, platform companies, digital platforms, and users. |
34. Agricultural labor training program | Various ministries will collaborate to develop an agricultural labor training program. |
35. Family and community work | Recognizes family and community work, performed with or without payment, for subsistence purposes. |
39. Migrant employees | Foreign employees have the same guarantees as national employees. |
42. Decent work participation for ethnic communities | The Ministries of Labor and Interior will promote participation spaces for ethnic communities. |
52. Labor agreements for conflict victims | The national government will create a labor agreements program with a differential approach. |
53. Public Policy on Dignified and Decent Work | The Ministries of Labor, Commerce, Industry and Tourism, and Environment will develop guidelines for creating green and blue jobs. |
54. Incentives for green and blue employment | The Ministries of Labor, Commerce, Industry and Tourism, and Environment will create incentives for companies that develop green and blue jobs. |
55. Training for green and blue employment promotion | The Ministry of Labor, through SENA, will provide training for employees. |
59. Promotion of different remote work modalities | Companies may encourage the transition to remote work modalities. |
64. Complementary measure to statutes | Unions must include provisions in their bylaws regarding assembly operations. |
65. Equal representation in organizations | Unions must promote equal participation conditions. |
69. Adjustment of the Integrated Contribution Liquidation Form | The Ministries of Health and Labor will modify technical aspects of the integrated payroll settlement form. |
75. Employment of vulnerable dependent employees | Employees in extreme poverty who join a formal employment will remain in the subsidized health regime for six months. |
76. Employability route | The Ministry of Labor will promote a program to enhance employability. |
78. Hiring of community mothers | ICBF will formally hire community and substitute mothers. |
New: First job and last job programs | The Ministries of Labor and Commerce, Industry, and Tourism will create a program for job retention of recent graduates. |
Article | Development – positive impact on companies |
16. Overtime work limit | The overtime limit has been removed for security employees, increasing flexibility in security guards’ scheduling. |
38. Formalization measures and Social Security contributions for microbusinesses | Microbusinesses may make partial social security payments if they are registered before the chamber of commerce, keep accounting books, and record labor agreements, reducing their costs. |
56. Telework modalities | Expands telework to include transnational telework for employees in other countries and temporary telework during emergencies via Information and Communication Technology (“ICT”), increasing hiring flexibility. |
Do not hesitate to contact Brick Abogados if you have any concerns or if you would like more information on the topic discussed above.
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This document is for informational purposes only and does not constitute legal advice, nor does it engage the responsibility or professional opinion of Brick Abogados.
