Podcast: Why does the Labor Reform not cover contractors and state workers?

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Did you know that the Labor Reform does not require of the State the same obligations that it imposes on private companies, such as the termination of contracts for the provision of services or the payment of overtime and night and Sunday surcharges?


According to the lawyer specialized in corporate law, Sebastián Béndiksen, the Labor Reform imposes obligations on the private sector that the government itself is not willing to comply with.

Other aspects to consider are the legal effects that this reform will bring to the relationship between employers and workers, including the Right to Strike in the provision of essential public services, the types of contracts that may be signed according to the needs of companies and the stability of formal employment.

Sebastián Béndiksen, is a lawyer and Magister of Laws from Universidad de los Andes, Managing Partner of BéndiksenLaw.

Listen the podcast here (in Spanish):

Remember, at BendiksenLaw, we are here to counsel you and provide the best legal representation for any labor-related matters you may face. Feel free to contact us!

Labor Reform in Colombia: 6 Implications for Companies

The Labor Reform in Colombia is shaping up to be a crucial issue that will have a significant impact on the relationship between companies and their employees in the country. In light of this perspective, BéndiksenLaw, a law firm specialized in counsel for national and multinational companies, has conducted an informative webinar where the most relevant aspects of this reform were analyzed, revealing six key elements that will affect labor relations in companies.

1. Higher labor costs: One of the direct consequences of labor reform, according to Sebastián Béndiksen, lawyer and master of law from Universidad de los Andes and managing partner at BéndiksenLaw, will be the increase in labor costs for companies. All labor surcharges and indemnities will be affected, as well as payments associated with apprenticeship contracts. Additionally, the extension of paternity leave will also impact the operational costs of companies. An important change is the modification in the night shift surcharge payment schedule, which will start from 6 p.m. instead of 9 p.m., implying an additional cost in companies’ operations. There will also be limitations on working hours and the total time a worker can work, which will require some companies to hire new personnel to cover vacant shifts.

2. Greater job stability: The labor reform aims to provide greater job stability for workers, which will imply changes in the way companies hire. The general rule will be indefinite-term employment contracts, granting greater stability to employees. However, this will also entail higher costs for employers. Furthermore, stricter restrictions will be imposed on dismissals, including the prohibition of arbitrary or discriminatory dismissals, in which case workers will have the right to request reinstatement.

3. Limitation on outsourcing: Another relevant aspect of labor reform is the limitation on outsourcing and the hiring of temporary services. Once the provision of temporary services, which will have a maximum duration of one year, is completed, it will not be possible to extend the contract or hire with a different temporary services company. Additionally, in case of disputes, there is a possibility that the company hiring the services will be considered the true employer of the temporary workers, despite the outsourcing. This means that companies outsourcing services will have to assume greater responsibility and be prepared to face possible legal disputes questioning their role as employers.

4. Review of internal policies: Implementing the Labor Reform will require all companies to review their current contracts and internal regulations. It will be necessary to adjust dismissal processes and include aspects related to inclusion and labor rights in companies’ internal policies. For example, special attention must be given to the non-discrimination of non-binary individuals and the protection of those who change their gender identity. Additionally, almost any form of inappropriate behavior will be considered workplace violence, and companies will be required to offer flexible schedules in certain cases. These aspects, which are currently not present in most company regulations, must be incorporated to comply with updated labor regulations.

5. Job formalization: The Labor Reform includes a chapter dedicated to the formalization of jobs in various areas, such as digital platforms, agricultural work, employment for migrants, professional athletes, and domestic workers. This measure aims to promote the formalization of different economic sectors and encourage compliance with labor and social security obligations.

6. Strengthening of labor unions: The Labor Reform also aims to strengthen workers’ associations and labor unions, granting them greater facilities for their creation and operation. It is expected to be easier to establish unions and carry out strikes, with fewer opportunities for companies to declare strikes as illegal. Additionally, the consequences for those participating in illegal strikes will be reduced, and their dismissal is prohibited.

Despite the progress represented by the Labor Reform in terms of formalization and worker protection, BéndiksenLaw’s lawyers express concern that the public sector is not included in these modifications. They consider it essential to address abuses in the hiring of services in the public sector. Furthermore, the need to provide support and subsidies to companies during the transition process towards labor formalization, especially for small and medium-sized enterprises that will face a significant burden, is emphasized.

The Labor Reform in Colombia presents significant challenges and opportunities for companies. It is essential for companies to be informed and actively participate in the process of debating the legislation. There are still four pending debates in Congress, so it is crucial to stay attentive, communicate with representatives, and exert social pressure to ensure that the interests and needs of companies are taken into account in this reform. BéndiksenLaw positions itself as a source of specialized advice for companies seeking to adapt to the new legal and labor requirements.

Remember that at BéndiksenLaw, you will find the support and counsel you need to successfully navigate labor changes in Colombia. Do not hesitate to contact us for more information and to protect the interests of your company with this new labor regulation!

Watch the webinar (in Spanish)

To download the presentation (in Spanish) click here

FAQ: Teleworking, Working from Home and Remote Work

Currently, the hiring of workers who carry out their functions through information and communication technologies (“ICT”) has become popular. For this reason, the Colombian Ministry of Labor has regulated the different types of distance work agreements so that both employers and workers know their rights and comply with their obligations. Here we tell you what these types are and answer the most frequently asked questions about them: 

1. What does each of these types of distance labor agreements consist of?

  • Work-from-Home: This is an occasional, temporary and exceptional authorization that employers grant workers to perform their duties from home due to extraordinary circumstances that are expected to be overcome in time. It does not imply a modification or affectation of workers’ rights and guarantees or to the labor conditions agreed upon at the beginning of the labor relationship. This authorization may be granted for a maximum of six (6) months, unless the circumstances that gave rise to the authorization to work from home persist, in which case it will remain in force until such circumstances disappear.
  • Teleworking: Workers perform their functions using information and communication technologies (“ICT”) as support, so their physical presence at a specific workplace is not required. This type of agreements authorize three (3) types of teleworkers:
    • Autonomous: when workers use their own home or somewhere other than the place of business, previously agreed upon with their employers, and sporadically go to the company’s place of business.
    • Mobile: When workers relie on the use of mobile technological devices, but do not have a fixed workplace and occasionally go to the company.
    • Supplementary: Depending on the need for the service, workers work either from their house or from the company’s place of business.

  • Remote work: It is a form of performance of labor contracts in which ICTs or other similar means are used. That is, employers and workers do not interact physically since all stages of the contract are performed virtually. However, exceptional situations may be agreed upon in which the physical presence of workers in the workplace is required.

2. So how are they different?

The main difference is that work from home is the authorization granted by employers to workers to carry out their functions from home due to an extraordinary situation. Thus, it is a temporary authorization, so that once this extraordinary situation is overcome, workers must return to their place of work. On the other hand, remote work is completely virtual and there is never physical contact between employers and workers except in special circumstances. Finally, teleworking involves the provision of the service through technological means, but with the possibility that workers occasionally go to the workplace according to the company’s needs.

3. Must they be in writing?

Yes. For the authorization to work from home, a written notice by employers of the authorization given to workers is sufficient. That is, modification of the initial agreement or entering into a new one, is not required. However, this written notice must include certain information such as the situation that allows this authorization to be granted, the term of duration, the functions that workers must perform, among others. In the case of teleworking and remote work, it is necessary that employment contracts clearly indicate the chosen type of modality along with all conditions, obligations and rights that the parties will have. Thus, in the event that the initially agreed upon modality of work is to be changed, the original employment contracts must be modified. 

4. Is the right to disconnect recognized in all three types of agreements?

Yes, employers have the obligation to recognize workers’ right to disconnect from work in order to guarantee respect of their free time and breaks, so that workers can fully enjoy these spaces and reconcile personal and family life with work.

5. What is the digital connectivity aid?

It is a change in the destination of the legally mandated “transportation aid” for those workers who are temporarily enabled to work from home, in order to facilitate access to the connectivity services they require to continue performing their work from their residences. Thus, workers who earn up to two (2) legal monthly minimum wages (SMLMV, by its Spanish acronym) and who are entitled to the payment of “transportation aid”, will receive this payment as a digital connectivity aid during the time they provide their services under the authorization to work from home (article 10, Law 2088 of 2021).

6. Is it mandatory to recognize the digital connectivity aid in all three modalities of distance work?

No, as mentioned above, this aid should only be recognized for workers who: (i) earn up to two (2) SMLMV, (ii) are entitled to “transportation aid”, and (iii) are carrying out their functions under the temporary and transitory modality of work from home.

However, in the case of teleworking, it is possible to establish, by mutual agreement, a compensatory aid for the costs of public services such as Internet, landline and mobile telephony and energy. That is, workers and employers may agree on the recognition of this compensatory aid and its amount, as it is not mandatory. Similarly, in the case of remote workers, the parties are also free to agree on the payment of compensatory assistance, as it too is not mandatory. However, in the event that the aid is agreed upon, the amount may not be less than the value that has been established for the “transportation aid”.

7. Is it necessary for employers to provide workers with work items and tools?

Although employers may provide equipment and work tools suitable for the performance of the contracted functions, it is also possible to agree to workers’ use of their own equipment and tools. Additionally, the parties may agree on a compensatory fee for the use of these tools owned by workers, but it is NOT mandatory.

8. Must any process be carried out before the workers’ compensation administrators?

Yes. For any of the modalities it is necessary to notify the workers’ compensation administrators (ARL, by its Spanish acronym) of the chosen modality, the place where workers will carry out their functions, working hours and the type of risk. Likewise, in case there is any modification in this information, the ARL must also be informed.

9. Must workers be ordered to submit to occupational medical examinations?

Yes. Employers must order occupational medical exams when workers start working in the company, when they leave the company, after a medical leave and also periodically during the employment relationship, to identify workers’ health conditions. These evaluations may be conducted via telemedicine.

10. Is it necessary to have any special regulations in the workplace policy regarding these modalities?

No, the implementation of these modalities does not require an addition or modification to the workplace policies.

11. Must the Ministry of Labor be notified?

Only in the case of teleworking, since employers must inform the Ministry of Labor of the number of teleworkers that the company has, for which a digital form that the Ministry has established must be filled out.

For more information you can consult our entries on teleworking, work from home and remote work or you can contact us.

Reduction of Weekly Working Hours in Colombia

Through Law 2101 of 2021, the gradual reduction of the weekly working day in Colombia was ordered. This reduction, however, does not decrease or negatively affect workers’ salary and / or acquired rights. Thus, the maximum duration of the ordinary weekly working hours was reduced by six (6), from forty-eight (48) hours per week to forty-two (42). This law allows the employer to implement this reduction in the weekly working hours automatically, that is, to reduce all six (6) hours immediately. However, the law also authorizes employers to implement this reduction gradually, as follows:

DateNumber of Hours to ReduceLegal Maximum Working Hours
As of July 16, 2023One (1) hour47 hours per week
As of July 16, 2024One (1) hour46 hours per week
As of July 16, 2025Two (2) hours44 hours per week
As of July 16, 2026Two (2) hours42 hours per week

According to the above, as of July 16 of the current year, it will be mandatory for employers to modify the duration of the weekly working hours of their workers so that it does not exceed a total of forty-seven (47) hours per week. These hours may be distributed in five (5) or six (6) days a week, according to what is mutually agreed between employers and workers, and in all cases one (1) day of rest per week must be guaranteed. However, Law 2101 establishes the following exceptions:

1. Tasks that imply a high risk to workers health in accordance with the provisions of Decree 2090 of 2003, may be subject to a different maximum weekly working hours if the government decides so. However, to date there is no special regulation in this regard, so at present they must be subject to the maximum ordinary weekly working hours of forty-two (42);

2. Adolescents over the age of fifteen (15) and under seventeen (17) years who have authorization to work, may only perform their work during a maximum daytime shift of six (6) hours a day and thirty hours (30) a week and until 6:00 p.m.;

3. Adolescents of seventeen (17) years of age may only work a maximum of eight (8) hours a day and forty (40) hours a week and until 8:00 p.m.;

4. In case of successive work shifts that allow the company to function without interruption every day of the week, the shifts may not exceed six (6) hours per day and thirty-six (36) hours per week;

5. In case of flexible daily shifts, the forty-two (42) hours may be distributed in a maximum of six (6) days a week, with a minimum of four (4) continuous hours and a maximum of nine (9) hours per day without any surcharge for supplementary work.

In case you have doubts about this matter, do not hesitate to contact us.

Learn About the New Colombian Regulation on Telework

On July 18, 2022, Decree 1227 of 2022 came into force, which modifies and adds some provisions on teleworking. In this regard, bear in mind that teleworking is a form of work organization that consists of the performance of activities by the worker using Information and Communication Technologies “ICT” as support. Thus, the contact between the worker and the employer occurs through ICT without requiring the physical presence of the worker in a specific place of work. Additionally, there are three types of teleworkers: (i) autonomous, when teleworkers use their own home or a different place agreed upon with the employer and only sporadically go to the company; (ii) mobile, when they do not have an established workplace and use mobile devices to perform their functions; and (iii) supplementary, when depending on the needs of the service, they work two (2) or three (3) days a week at home and the other days they work in the company. With this in mind, below we detail the modifications that you must take into account as an employer if you want to implement this type of employment contract in your company in Colombia:

  1. In the employment contract employers must indicate the necessary conditions for the performance of the functions assigned to the worker, the technological means required, the description of the equipment and computer programs and the responsibilities regarding the custody of work items and restrictions and responsibilities that the breaches of these conditions entail. Additionally, it must indicate the modality of telework that will be performed, the weekly working schedule that teleworkers will have, the security measures that they must know and comply with and the description of the minimum requirements in terms of ergonomics and technology that the workstation must comply with. Finally, the employment contract must indicate the procedure that teleworkers must follow to return the equipment that was delivered to them once the telework or contract ends.
  2. The previous requirement to include in the Internal Work Regulations (RIT, by its Spanish acronym) the special conditions for teleworking to operate and the provisions related to the proper use of equipment, programs and information management applicable to these workers, has been eliminated.
  3. The following obligations are established for employers: (i) affiliate teleworkers to the Labor Risk System and inform the workers’ compensation administrators (ARL, by its Spanish acronym) about the chosen telework modality, the weekly working schedule and the corresponding risk class. Additionally, for supplementary and autonomous teleworking, the chosen workplace for the teleworker to carry out their functions must be reported and for mobile telework, the conditions in which the contracted work will be performed; (ii) in the Annual Work Plan of the Occupational Health and Safety Management System (SG-SST, by its Spanish acronym) all the actions considered necessary to identify and control the dangers and risks of the company’s teleworkers must be implemented; (iii) order periodic medical evaluations that may be performed by telemedicine; (iv) adopt and publish a telework policy in which the terms, characteristics and conditions of teleworking are regulated in accordance with the needs and particularities of the service; and (v) inform the Colombian Ministry of Labor about the number of teleworkers that their company has.
  4. Towards teleworkers, employers have the following obligations: (i) inform them of the communication mechanisms they have to report any updates related to the performance of telework, work accidents and occupational diseases; (ii) provide them with adequate work equipment and tools, ensuring that they receive training and information on the risks arising from their use. However, this does not prevent teleworkers from using their own equipment and work tools; (iii) respect human dignity, the right to privacy and access to information of teleworkers; (iv) guarantee the right to disconnect from work and protect the mental health and emotional balance of teleworkers; (v) train them in advance, virtually or in person, in terms of mental health care, ergonomic or biomechanical risk factors, use and appropriation of ICT and digital security; (vi) inform them about the restrictions on the use of computer equipment and programs, protection of personal data, intellectual property, information security and penalties for non-compliance with these provisions.
  5. The possibility that the parties retain the right to reversibility of teleworking is established. That is, the parties may have the power to request at any time the definitive return of teleworkers to perform their functions in person at the company. However, this will depend on what the parties agree to in the employment contract and the possibilities that the employer has to locate the worker within their company.
  6. This decree states that the parties must seek flexibility regarding the time and mode of performance of the teleworker’s functions, provided that the established weekly working schedule is met. For this, the parties will be able to agree on schemes of compliance and monitoring of functions. However, this flexibility cannot affect the effective rest of teleworkers or their right to disconnect from work.
  7. The possibility that the parties agree that the teleworker use their own work equipment and tools is established. In this case, teleworkers must keep their equipment and tools in good functional condition to fulfill their functions and employers must refrain from subsequently requesting equipment other than those agreed upon. The parties can agree on a compensatory amount for the use of these tools, but it is NOT mandatory.
  8. The parties can agree on a monthly aid to compensate for the teleworker’s expenses on Internet, land and mobile telephony and energy. This aid is NOT mandatory and will depend on the will of the parties.

In case you have any doubts, please contact us.

The Deadline to Pay the Legal Bonus is Approaching

According to article 306 of the Colombian Labor Code, employers have the obligation to pay their employees a social benefit called “Legal Bonus” corresponding to 30 days of salary per year, that is, for each year worked, 30 days of salary must be recognized. This Legal Bonus must be recognized in two payments: half by June 30th at the latest and the other half no later than the first twenty days of December. The recognition of this payment must be made for the entire semester worked or proportional to the time worked.

In addition, bear in mind that all workers who are bound by an employment contract are entitled to the Legal Bonus, including domestic workers, family service drivers, daily workers or farm workers and, in general, those who are considered as dependent workers.

In accordance with the above, by June 30th at the latest, you will have the obligation to pay an amount equivalent to half of the monthly salary received by your workers for those that began working on or before January 1st. For workers who began after January 1st, payment must be made in proportion to the time worked. In case you do not make the corresponding payment before this date, you must pay, as compensation, a sum equal to the last daily salary for each day of delay, up to 24 months. If after 24 months you have not yet made the payment, you must recognize default interests[1].

In case you have doubts about this or any other work obligation, do not hesitate to contact us.

[1] Colombian Labor Code. Article 65.