Colombia’s labor framework is increasingly leaning towards more worker protections, especially in the aftermath of the COVID-19 pandemic. The grounding force of the country’s labor framework is the Código Sustantivo del Trabajo (CST), which has been supplemented several times with additional laws and reforms.
The Ministerio del Trabajo is responsible for issuing guidance, conducting inspections, and, ultimately, ensuring that workers’ rights are respected. The costs of non-compliance can be punishing, which is why we’ve provided a basic guide on the most important elements of Colombian labor law.
1. Employment Contracts
Nearly all Colombian employment relationships have a written contract in place. In principle, contracts aren’t mandatory, but in practice, you’ll be using one of three contract types:
- Contrato a Término Indefinido – An open-ended contract for long-term workers. It’s the default and most common contract type.
- Contrato a Término Fijo – A fixed-term contract of up to three years for temporary or seasonal work.
- Contrato por Obra o Labor – Contracts for specific projects or tasks.
All employment contracts should include certain pieces of information, such as job title, duties, work location, salary, working hours, benefits, probationary periods, and termination/severance clauses.
Note that although most foreign companies will offer bilingual contracts in Spanish and English, the former takes precedence in the case of a dispute. Your PEO will ensure all contracts are legally valid and correctly understood by staff, whether they’re local or foreign hires.
2. Working Hours and Overtime
Previously, Colombia used the 48-hour work week of eight hours a day spread over six days. With the implementation of Law 2101, this has been steadily reduced, without a salary reduction, to 42 hours, which is expected to be completed in 2026.
Daily working time is capped at eight hours, and overtime requires employee consent. This is also capped at two hours per day and 12 hours per week. All overtime, night work, Sunday work, and work on public holidays must be paid with a statutory surcharge. Currently, this is 125% of gross hourly wages for daytime overtime and 175% for all other forms of overtime, including night work.
It should also be mentioned that Colombia is also in the process of implementing a time-tracking system requirement using the European Union (EU) template.
3. Minimum Wage
Colombia determines its minimum wage annually through tripartite negotiations among the government, employers, and trade unions. In 2025, the monthly minimum wage is COP 1,423,500, representing a 9.5% year-on-year increase. Eligible workers are also entitled to a mandatory transport allowance of COP 200,000.
However, although the minimum wage is low by Western standards, skilled professionals typically earn multiple times more. That’s why working with a PEO is essential for benchmarking your job openings with market norms.
4. Employee Benefits
Statutory benefits are a reality of the Colombian workplace. These are required by law, so you’ll need to bake them into your company’s policies with the support of your PEO. Generally, the benefits you’ll have to account for are:
- Annual Leave – All employees are entitled to a minimum of 15 consecutive working days of paid vacation after a year of continuous service. Six of these must be taken per year, but the remainder can be rolled forward for up to two years.
- Public Holidays – Colombia boasts 18 national holidays each year, which is one of the highest in the world. All employees are entitled to either a paid rest day or enhanced pay if they’re required to work.
- Parental Leave – Mothers receive 18 weeks of paid maternity leave funded entirely through social security. According to Law 2114, from 2021, fathers receive two weeks of paid parental leave.
- Sick Leave – Short-term sick leave is partially funded by employers, but long-term sick leave is paid for by the Colombian healthcare system. Check the rules set by the Ministerio de Salud y Protección Social to learn about eligibility, as it can be quite complicated.
- Prima de Servicios – Service bonuses are essentially the equivalent of the 13th-month salary. Employers must pay a bonus of 15 working days in June and December.
Colombia’s generous benefits system focuses on supporting workers in a variety of ways, but it does place immense burdens on businesses. A PEO helps you budget for these benefits and configures your payroll to pay them out.
5. Payroll Tax or Social Contributions
Colombia utilizes a pay-as-you-earn system mixing employer and employee social security contributions. The key aspects you’ll need to factor into your costs include:
- Health Insurance – 8.5% of gross salary paid by the employer and 4% by the employee, paid through the PILA platform.
- Pension – 12% of gross salary paid by the employer and 4% from the employee. Pension contributions are subject to an income gap, though.
- Occupational Risks – Occupational risk coverage is an employer-only contribution that ranges from 0.522% to over 6%, but it all depends on what your company’s sector and risk classification are.
- Parafiscal Contributions – Most companies pay 2% of their total payroll to SENA to cover training, 3% to the ICBF for family welfare, and 4% to family compensation funds, for a total of 9% of total payroll.
Note that you’ll be under the monitoring of the Unidad de Pensiones y Parafiscales (UGPP). Making incorrect contributions or misclassifications can result in significant penalties. It’s your PEO’s job to reduce your audit exposure and sift through the complex rules involved in the Colombian social contributions system.
6. Termination and Severance Pay
Rules on termination depend on whether an employee was dismissed with or without cause. Additionally, the employee’s contract type and tenure will impact what happens in each situation.
The key point to remember is that there’s no universal notice period. Instead, it depends on the employment contract and the company’s policies. Severance is handled via the universal severance fund. Employers are required to contribute one month of salary per year of service, payable when employment ends.
If an indefinite-term employee is terminated without cause, companies are required to pay an extra indemnity. The formula is nuanced, especially for higher earners. Still, an employee earning less than 10 minimum wages will equal about 30 days of salary in the first year, plus 20 extra days per extra year of service.
7. Foreign Workers
Colombia’s migration policies have moved to a more welcoming posture, particularly for those who are exceptionally skilled or work in sectors where there are local shortages. If you choose to hire foreign workers, you’ll be working with both Migración Colombia and the Ministerio del Trabajo throughout the process.
Several visa types are available for bringing in foreign workers, and they’re usually tied to a specific employer. In terms of your obligations, you must align both pay and conditions with local standards, ensure both the worker’s visa and work contracts are registered with the authorities, and take steps to guarantee equal treatment.