Colombia: Key changes introduced by the new labour reform
After more than two years of discussions in congress, on 25 June 2025 the president of Colombia enacted Law 2466 of 2025, most of which has become effective on 26 June 2025, except for some provisions which are slated to enter into force at a later time.
The following are the most noteworthy changes and matters of this Labor Reform (Law 2466 of 2025):
- Indefinite term employment contract: This type of hiring has now been established as the default option. The above notwithstanding the possibility of entering into fixed-term employment contracts or those for the duration of the labor or work or for purposes of completing transitory, occasional or temporary activities.
In the event an employment contract other than an indefinite term contract fails to meet the specific requirements established for each case, such contract will be understood to be for an indefinite term from the beginning of the employment relationship.
- Fixed-term employment contract: This type of contract may not be renewed indefinitely, must be stated in writing and its maximum term duration will be four years, after which it will become an indefinite term employment contract.
- Employment contract for the duration of a determined work or labor: It must be stated and entered in writing with a detailed description of the work or labor. It will now be possible to extend the signed contract by adding new works or labors.
- Expansion of the nighttime work schedule: Nighttime work hours have now been expanded. Formerly such hours were from 9:00 p.m. to 6:00 a.m., while the new hours are from 7:00 p.m. to 6:00 a.m. This provision will become effective 6 months after enactment of Law 2466.
- Surcharge for working on compulsory rest days: The surcharge has increased from 75% to 100% over the ordinary salary proportionate to the hours worked, in addition to the salary such worker may be entitled to for having worked the complete week. The Employer may implement this surcharge gradually (1 July 2025, 80%; 1 July 2026, 90%; from 1 July 2027, the full surcharge will be due).
The occasionality and regularity applicable to Sundays can now be applied to holidays also.
The compulsory rest day may be any day other than Sunday, as expressly agreed between the employer and the worker.
- Hiring of individuals with disabilities: companies having up to 500 workers are required to hire or keep in the payroll at least two workers with disabilities for every 100 workers. From 501 workers, the obligation will be 1 worker with disability for every 100 workers. During the first year of validity of Law 2466 of 2025 this provision will be optional for employers.
- New paid leaves of absence the Employer is required to grant: Among others, we find those for purposes to going to: i) medical appointments or emergency medical appointments or appointments with medical specialists, including those granted to individual diagnosed and undergoing treated for endometriosis; ii) school obligations arising from being a legal guardian; and iii) administrative, legal and court summons.
- Teleworking. Transnational teleworking has now been included, where the teleworker the employment relationship entered in Colombia performs from another country.
- Conversion of the apprenticeship contract into an employment contract: It no longer is a special form within labor law and now is a special employment contract for a fixed term.
During the educational phase, the apprentice will earn 75% of one Effective Minimum Legal Monthly Salary (SMLMV) as living financial support and will be enrolled to the Social Security System in Healthcare and Labor Risks on account of the sponsoring company.
During the practice phase, such living financial support will be 100% of one SMLMV.
In case of dual training, the apprentice will receive at least 75% of one SMLMV as living financial support during the first year, while it will be 100% of one SMLMV for the second year.
During the practice phase or throughout the dual training the apprentice will be enrolled to Healthcare, Pensions and Labor Risks and will be entitled to be paid perquisites, allowances and all other dues directly related to an employment contract, which also implies that such apprentice may become unionized.
- Types of employment under digital delivery platforms: The relationship between a digital delivery platform worker and a digital delivery platform company may be one of dependent and subordinate or independent and autonomous.
In the first scenario, the Company must pay social security contributions in the proportions established under applicable laws.
In the second scenario, the Company assumes 60% of healthcare and pension contributions while the worker assumes the other 40%. The Company is solely liable for paying Labor Risk contributions. All of the above, calculated over 40% of all incomes received by the digital delivery service workers through the respective digital platform.
- Labor disciplinary proceeding for determining the imposition or otherwise of disciplinary penalties: It must observe the guarantees of the due process and legally memorializes the minimum stages of such procedure, which had already been established and developed under case law (Ruling C – 593 of 2014) including new aspects such as deadlines applicable to certain stages.
Law 2466 has been surrounded by expressions of reservation concerning its wording, lack of juridical accuracy, which has led to varying interpretations that do not reflect a well-structured statute but on contrary one that is wanting the same as several opinions have voiced.
Notwithstanding the above, the labor reform includes changes that must be evaluated by companies, reason why it is fundamental to have a clear idea of which aspects must be implemented or updated in their corporate models to conform with the new labor reality in Colombia.
