Employer Record in Colombia

Basic information

Capital:Bogotá

Time zone: GMT-5

Languages: Spanish

Currency code:COP

Human Resources at a Glance 

Contract Terms

Contracts must be in Spanish and can be bilingual. They must be in writing and signed by both parties.
A contract must include:

  • name
  • start date
  • length of the employment
  • job description
  • termination conditions
  • type of contract: integral or ordinary

Guidelines Regarding Probation Period/Trial Period

Probation periods are not mandatory. For indefinite term contracts, the maximum probation period is 60 days and for fixed-term contracts, the maximum is 1/5 of the initial term agreed, up to a maximum of 60 days.

Regulations and Rules Regarding Working Hours

Standard working hours are eight hours per day, 40 hours per week. The standard workweek is from Monday to Friday. As per Law 2101 of 2021, the maximum weekly working hours for employees in Colombia must be progressively reduced from 48 to 42 hours in the next few years.
This change does not affect employees’ salaries and benefits.
The maximum weekly working hours will be reduced every year on July 15 from 2023 to 2026:

  • 2023: From 48 to 47 hours.
  • 2024: From 47 to 46 hours.
  • 2025: From 46 to 44 hours.
  • 2026: From 44 to 42 hours.
    The reduction in the maximum weekly working hours will stop on July 15, 2026.

Overtime is paid according to the following rates

Overtime payment is mandatory for employees earning below COP 13,000,000 per month. Hours outside of standard work hours are considered overtime. For additional hours, employees are paid an additional:
– 25% of the hourly rate on a standard workweek
– 75% of the hourly rate for night shifts, Sundays, and holidays
– 150% of the hourly rate for night shifts on Sundays and holidays
Employees who are entitled to overtime pay can work a maximum of two hours of overtime per day and a maximum of 48 total hours per week.

Minimum Wage Requirements

The minimum wage is COP 1,300,000 per month, and the minimum Integral salary is COP 16,900,000.

Payroll Cost for Employers

The employer cost is generally estimated between 30.5% – 51.85% of the employee salary.
– Severance Fund contribution- 8.33%
– Interest on Severance – 1%
– Vacation – 4.17%
– Service Bonus – 8.33%
– Pension fund – 12%
– Labor Risk – 0.52%
– Family fund management (CCF) – 4%
– Social Security, Public Health – 8.5%
– Family Fund “ICBF” – 3%
– Training funds “SENA” – 2%

Termination

Grounds

Generally, there are 5 ways to terminate an employee compliantly in Colombia.

  • Termination With Cause
  • Termination for Redundancy or Other Business Reasons
  • Resignation
  • Mutual termination
  • Termination during the probation period

Notice Period

– Termination With Cause: 10 calendar days
– Termination for Redundancy or Other Business Reasons: 10 calendar days
– Resignation: None
– Mutual termination: None
– Termination during the probation period: As stated in Employment Agreement

Severance compensation

Termination With Cause: No legal requirements
Termination for Redundancy or Other Business Reasons:
For employees on indefinite contracts, based on years of service:
≤ 1 year of service: 30 days’ pay
For each additional year of service: 20 days’ pay
For employees on fixed-term contracts:
All payments owed for the rest of the contract, including monthly salary, 13th and 14th salaries and all other statutory benefits which would be owed during the term of the contract.
*Note: Additional payment may be required to secure release from potential future claims.
Resignation: No legal requirements
Mutual termination: No legal requirements. However, it is recommended to offer a severance to reduce the risk of the mutual agreement being contested in court.
Termination during probation period: No legal requirements

Payment & leave Compensation & Holidays

SalaryPayment

Monthly

Payslip Payroll

Establish a sound payroll management system, including payroll production, storage, inquiry and filing.

Annual Leave

Both full-time and part-time employees are entitled to 15 working days of paid time off (PTO) a year. PTO accrues monthly at 1.25 days per month. Employees are eligible for annual after completing 1 year of service.

Sick Leave

Employees are entitled to paid sick leave for up to 540 days. This leave is paid at different rates and by different payers depending upon the length:

PeriodPayPayer
0 – 2 days66.6% of base salaryEmployer
3 – 90 days66.6% of base salaryEmployer – refunded by Social Security
91 – 180 days50% of the base salaryEmployer – refunded by Social Security
181 – 540 days50% of the base salaryEmployer – refunded by Social Security

If the sick leave is originated by an accident at work, the employee will receive 100% of the base salary during leave and the insurer will be responsible for the payment.

Maternity & Parental Leave

Employees are entitled to 126 days of paid leave. Seven days must be taken before the child’s birth. The employee will receive 100% of their average salary during this period, paid by the employer and reimbursed by Social Security.

The employee can’t extend leave.

In Colombia, no law covers parental leave. However, employees may be entitled to maternity leave and paternity leave.

Tax and Social Security Information

Personal Income Tax

The individual income tax ranges from 0% to 39%. Income tax is calculated according to progressive rates. Multiple additional factors may impact overall rates such as the household status and the number of children.

Gross Annual IncomeTax Rate (%)
Up to COP 38,812,0000%
Up to COP 60,532,00019%
Up to COP 145,989,00028%
Up to COP 308,713,00033%
Up to COP 675,465,00035%
Up to COP 1,103,817,00037%
Over COP 1,103,817,00039%

Social security

– Pension Fund
– Social Security
– Unemployment Insurance
– Workers Compensation Insurance
– Private Healthcare – Unisure (optional)
– Private Healthcare – AXA Colpatria (optional)
– Private Healthcare – Allianz (optional)

Public Holidays 2024

HolidaysDate
New Year’s Day    1.1
Epiphany1.8
Saint Joseph’s Day3.25
Maundy Thursday3.28
Good Friday3.29
Labour Day5.1
Ascension Day5.13
Corpus Christi6.3
Sacred Heart6.10
Feast of Saint Peter and Saint Paul7.1
Independence Day7.20
Battle of Boyaca Day8.7
Assumption of Mary8.19
Columbus Day10.14
All Saints’ Day11.4
Independence of Cartagena11.11
Feast of the Immaculate Conception12.8
Christmas Day12.25

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