Global Compliance Desk – Colombia

Colombia: Upcoming Amendments to Labor Law

In July of 2021, the Colombian Congress passed Law 2101 of 2021 (“Act”) to gradually reduce the Colombian standard work week from 48 to 42 hours. The reduction of work hours will take effect steadily over a period of time (between 2023 and 2026) wherein the second transition from 47 hours to 46 hours weekly shall become effective from July 15, 2024. 

Gradual Decrease in Weekly Working Hours

Currently, according to Article 161 of the Labor Code, the maximum duration of the ordinary working day is 8 hours a day or 47 hours a week excluding overtime, which may be distributed, by mutual agreement, in either a 5 or 6 days work week always guaranteeing the day’s rest.         

Effective July 15, 2024, a reduction in the weekly working hours will be implemented, reducing the working hours per week from 47 hours to 46 hours. 

To facilitate a smooth transition to 42 hours, the reduction of the standard working day will be phased in over a period of 5 years, as outlined below:      

• July 15, 2023:  Maximum weekly work hours reduced to 47.
• July 15, 2024:  Maximum weekly work hours reduced to 46.
• July 15, 2025:  Maximum weekly work hours reduced to 44.
• July 16, 2026:  Maximum weekly work hours reduced to 42. 

By 2026, the maximum duration of the ordinary working day shall be 42 hours a week and may be distributed, by mutual agreement, between employer and employee, in 5 or 6 days a week, always guaranteeing the day of rest, except for the following exceptions:

• In tasks that are especially unhealthy or dangerous, the government may order the reduction of the working day.
• The employer and the employee may agree, temporarily or indefinitely, on the organization of successive work shifts, which allow the company or sections of it to operate without interruption during all days. the week, as long as the respective shift does not exceed 6 hours a day and 36 a week. In such cases, there will be no nighttime surcharge or surcharges for Sunday or holiday work, but the employee will earn the salary corresponding to the ordinary working day and will have the right to a day of paid rest.
• The employer and the employee may agree that the 42-hour workweek is carried out through flexible daily work shifts, distributed over a maximum of 6 days a week with a mandatory rest day, which may coincide with Sunday.

The reduction in the working day will not imply a reduction in salary or benefit remuneration, nor the value of the ordinary working hour, nor does it exonerate employees from obligations. The overtime premium pay for day and night shift overtime work shall remain the same i.e. 25% premium for daytime work and 75% for night work.   

“Work for Change” Amendment in Colombia

In March 2023, a new Bill 166 of 2023 called Work for Change was introduced suggesting several modifications to the Colombian Labour Statute. 

Current Status: The Labor Reform Final text has recently been approved in the First Debate in the House of Representatives and will likely come into force shortly. 

The primary amendments proposed in the labor reform are as follows: 

Day and Night Work Timing 

Currently, the period between 6 am and 9 pm is considered daytime, while the time between 9 pm and 6 am is classified as nighttime. 

The bill aims to redefine daytime as 6:00 a.m. to 7:00 p.m. and nighttime as 7:00 p.m. to 6:00 a.m.

Premium for Sunday Work

Currently, if an employee performs work on a Sunday or rest day, they shall be entitled to a premium of 75% on the ordinary salary in proportion to the hours worked. 

The bill aims at increasing the premium pay for working on Sundays to 100% of the ordinary salary on a gradual basis. The 100% premium pay may be implemented gradually by the employer, as follows:

• Starting in July 2024, the surcharge for working on a mandatory rest day or holiday will be increased to 80%.
• Starting in July 2025, the surcharge for working on a mandatory day of rest or holiday will be increased to 90%.
• From July 2026, the surcharge for working on a mandatory day of rest or holiday will be fully applied to a 100% surcharge.

Additional Leaves Added

Employees shall be entitled to paid leave for the following additional reasons – 

• To attend scheduled medical appointments or emergency medical appointments, including cases where the worker has incapacitating menstrual cycles, dysmenorrhea, or abdominal tension due to menstruation, associated with already diagnosed endometriosis;
• To attend school obligations as a guardian of sons, daughters, or minors who are members of the family unit, school obligations are understood to be those directly related to the education of the child, including, but not limited to, attendance at academic, civic, sports and cultural events at the educational institutions where they are enrolled. In the latter cases, if required by the employer, the employee must prove attendance.
• To address matters related to judicial, administrative, medical, legal, or any other situations related to gender-based violence of which they are victims.

The duration of these leaves is not provided for, in the proposed amendment. 

Extension of Duration of Paternity Leave

Currently, male employees in Colombia are entitled to 2 weeks of paid paternity leave for the reason of the birth or adoption of a child. 

Paternity leave under the Bill is set to increase progressively until reaching 6 weeks in 2026, as follows: 

• in 2024 it will rise to 3 weeks, 
• in 2025 it will reach 4 weeks, and 
• in 2026 it will reach 6 weeks.

Paid paternity leave will be provided by the social security law, or by the national government, and will be recognized for the birth or adoption of daughters and sons.

Maternity and Paternity Leave for Same-Sex Adoptive Couples

A new article (Article 236A) shall be added to the Labor Code, wherein: Adoptive Couples of the same sex shall have the same rights to enjoy paternity and maternity leave under the same conditions provided for adoptive heterosexual parental families.

 

Conclusion – Employers should proactively communicate the changes to their workforce, review and adjust work schedules, and start making appropriate changes in their policies and employment contracts. It is also important to note that this reduction will not impact salaries or social benefits.