Colombia (CO)
Colombia offers expats an extraordinary combination of year-round spring climate (especially in Medellín), very affordable living, rich culture, improving safety, and one of Latin America's most welcoming visa systems.
Employment Rights
Sick leave, dismissal protection and red flags in Colombia.
Colombian labor law is governed by the Código Sustantivo del Trabajo (CST), last substantially revised by Ley 2101/2021 (progressive work-hour reduction) and updated by the Reforma Laboral under the Petro government (2024). Workers enjoy strong protections: mandatory severance (cesantías), semi-annual bonuses (prima de servicios), generous leave rights, and significant restrictions on dismissal without cause (despido injusto). Foreign employees with valid work visas have identical rights to Colombian nationals. Enforcement is carried out by the Ministerio del Trabajo through inspectores de trabajo. Most labor disputes are handled before a juez laboral (labor court judge).
Sick leave
Rules: Employer pays 100% of salary for the first 2 calendar days of illness (días de carencia). From day 3 onwards: EPS pays sickness benefit (subsidio de incapacidad) directly to the worker at 66.67% of the declared IBC (base income). Long-term illness: EPS covers up to 180 days; beyond that, AFP/pension fund or the employer may be responsible. Worker must provide medical certificate (incapacidad médica) from IPS/hospital for any sick day beyond the first.
Doctor note: Doctor note (incapacidad médica) required from day 1 for EPS reimbursement. Employer may require a note from day 1 for their own records. Go to the urgencias of your EPS-affiliated IPS or primary care clinic to obtain it.
Employer pay: Days 1–2: employer pays 100% of daily salary. From day 3: EPS pays 66.67% of IBC. Employer cannot fire a worker for being sick. Protected: employer must keep position open during illness up to 180 days. Workers with chronic illness or disability: additional protections apply under Resolución 1111/2017.
Long-term: If sick beyond 180 days: EPS can authorize up to 360 days for complex cases. Beyond 540 days: case referred to Junta de Calificación de Invalidez (Disability Board) for permanent disability evaluation. If >50% functional loss: pension fund (Colpensiones or AFP) provides invalidity pension. Worker cannot be dismissed during sick leave and has reinstatement right (reintegro) upon recovery.
Dismissal protection
Law: Código Sustantivo del Trabajo (CST) — Articles 62–65 govern just-cause dismissal. Workers are protected from arbitrary dismissal. Dismissal without just cause (despido sin justa causa) requires payment of an indemnización (severance indemnity) in addition to all legally owed liquidation (cesantías, vacaciones, prima). Certain workers have special protection (fuero): pregnant workers, union members, workers within 3 years of retirement, sick workers, HIV-positive workers — these cannot be dismissed without prior Ministry of Labour authorization (autorización de inspector de trabajo). Violation = reinstatement + back pay.
Deadline to sue: Acción ordinaria laboral (wrongful dismissal claim): must be filed within 3 years of dismissal (prescripción laboral — Art. 151 CST). Acting quickly strengthens the case — file a reclamación administrativa (formal complaint to Ministerio del Trabajo) first to document the dispute.
Probation
Período de prueba: maximum 2 months (can be agreed as shorter in the contract). For domestic workers (empleados del servicio doméstico): maximum 15 days. During probation, either party can terminate without cause, with notice and pay for days worked. After probation: full Código Sustantivo del Trabajo protections apply immediately. Probation must be agreed in writing in the contract — verbal probation is not enforceable.
Notice periods
For employers terminating without just cause: no prior notice legally required — but indemnización due. Indemnization (Art. 64 CST): (a) fixed-term contracts: wages for remaining term; (b) indefinite-term contracts: 30 days for workers with less than 1 year of service + 20 additional days per year thereafter (maximum 180 days). For workers earning >10 SMMLV: 20 days for first year + 15 days per year. Voluntary resignation: worker should give 30 days notice as professional practice but is not legally penalised for not doing so.
Working time
Max hours: Maximum working week: 47 hours (from July 2025, under Ley 2101/2021 phased reduction). This will reduce further to 46 hours/week from July 2026, then 44 hours from July 2027. Standard distribution: Monday–Friday or Monday–Saturday. Daily maximum: 10 hours (8 ordinary + 2 overtime). Work scheduled between 9pm and 6am counts as nocturno (night work) and carries a 35% night premium. Sunday work requires a 75% premium.
Min rest: Minimum 11 consecutive hours rest between shifts. Mandatory 1 day off per week (typically Sunday; can be agreed otherwise for continuous-operation businesses). Continuous operation industries (hospitals, hotels, retail): can distribute rest day across the week with worker agreement.
Overtime: Maximum 2 hours/day overtime, 12 hours/week. Daytime overtime (after 8h to 9pm): 25% recargo. Night overtime (9pm–6am) or Sunday/holiday overtime: 75% recargo. Double overtime (night + Sunday): 100% recargo. Overtime must be pre-authorized by employer in writing; verbal authorization is unenforceable. Overtime not paid = liquidación discrepancy = labor claim.
Vacation
Vacaciones: 15 working days per year of service. Earned from day 1 (proportional). Must be taken within the year following accrual, or can be accumulated up to 2 years with written agreement. Employer cannot force vacation during sick leave. Vacation pay: regular salary. Vacation can be split: employer may force take of 6 days, rest agreed. Extralegal bonus (prima extralegal): some higher-end companies offer additional vacation days beyond the legal minimum — negotiate in contract.
Anti-discrimination
Ley 1482/2011 (Anti-discrimination law) prohibits discrimination based on race, ethnicity, sex, sexual orientation, gender identity, disability, political opinion, or religion in employment. Acoso laboral (workplace harassment/mobbing): Ley 1010/2006 provides protection. Workers can file complaints with the Comité de Convivencia Laboral or directly with the Ministerio del Trabajo inspector. Fuero de maternidad: pregnant workers and those on maternity leave cannot be dismissed without Ministry authorization — the strongest employment protection in Colombian law.
Contract red flags
- !Contrato de prestación de servicios (services contract) used instead of a labor contract to avoid benefits — if you work fixed hours, use employer's tools, and are supervised, a court will reclassify this as a real labor contract (relación laboral)
- !Salary paid partially in cash "in hand" and partially on payslip — the official salary determines all benefits; under-declaring causes lower cesantías, prima, and pension
- !No written contract offered — verbal contracts are legal but make proving terms difficult; always request a written contract (contrato de trabajo)
- !Probation longer than 2 months — any period beyond 2 months reverts to standard full protection employment
- !Contrato a término fijo (fixed-term) renewed indefinitely for more than 3 consecutive terms — after 3 renewals, the court may consider it an indefinite contract
- !Deductions beyond legal limits — only authorised deductions (pension, health, ARL, withholding tax) can be made; no deductions for "breakage," "training," or "uniform" are legal
- !Non-competition clauses longer than 1–2 years or without compensation — largely unenforceable in Colombia
- !No mention of cesantías, prima, or vacaciones in contract — these are legal minimums that cannot be contracted away
- !Salary below the SMMLV — COP 1,750,905/month from January 2026 (+23% from 2025; Decrees 1469-1470 of 2025); workers earning up to 2 SMMLV also entitled to transport subsidy of COP 249,095/month.
- !No EPS (health insurer) and AFP/Colpensiones (pension) registration — employer must enrol you from day 1; contributions total 28.5% (split employer/employee); verify enrollment at tuportal.mintrabajo.gov.co.
- !No ARL (occupational risk) affiliation — employer-paid occupational risk insurance mandatory from day 1; non-registration is an immediate Ministerio del Trabajo offence.
- !Contrato de trabajo indefinido disguised as successive short fixed-term contracts — after 3 renewals of the same fixed-term role, courts typically treat as indefinite.
Employment Rights
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