How to Employ Workers in Colombia
What are the main aspects of recruitment, and what factors are involved in collective agreements and trade unions?
The Colombian labor law system applies across the country and is contained in various laws issued by the Colombian Congress. The Substantive Labor Code, in turn, is the primary source of labor law and is divided into the individual system and the collective system.
The individual system regulates contract types, salaries, working hours, mandatory breaks and employer contributions, among other aspects. One of its main elements is the regulation of employment contracts, through which relationships are created between employees and employers, involving 3 elements: the personal provision of a service, a salary, and a hierarchical relationship.
The collective system regulates trade unions, collective labor disputes, agreements, collective pacts and union contracts. Associations of this type must meet requirements in order to be formed and operate.
Take into account:
- Normal working hours cannot exceed 8 hours per day, or 48 hours per week.
- Employee trial periods cannot last longer than two months.
- Paid vacations amount to a rest period of 3 working weeks for each year of service.
Keep in mind
- In Colombia, work can easily be outsourced or contracted out through agencies, independent contractors or simple intermediaries. A working relationship (real contract) can often be created between a contractor and an employer, if the former does not work autonomously and a hierarchical relationship exists.
- The general social security system is a state program that aims to raise the quality of life of the Colombian population.
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Godoy Córdoba Littler
With over 30 years of experience and partners of Littler, Godoy Córdoba operates in the areas of labor law, social security law and migration law through risk management, preventive consulting, cost reduction and strategic decision-making.
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