Current status

SENA apprentices

• The apprenticeship contract was redefined as a special fixed-term employment contract. This also applies to university interns hired through apprenticeship contracts to meet the SENA quota.
• Apprentices in the productive stage or dual training programs are entitled to all labor benefits, may join trade unions, and their affiliation to the Social Security System now includes pension coverage.
• In case of monetization of the apprenticeship quota (i.e., not hiring apprentices), the employer must pay 1.5 times the minimum monthly legal wage ("SMLMV") for each apprentice not hired.

Employment agreements

• The indefinite-term employment agreement is deemed as the general rule. Fixed-term or task-based employment agreements will only be valid if they meet legal requirements and are agreed upon in writing.
• Fixed-term contracts have a maximum duration of four years, including any extensions. Once this period is exceeded, the contract will be considered an indefinite-term contract.
• In the case of fixed-term contracts that were in effect at the time the Reform came into force, the effective date of the Reform will be taken as the starting point for calculating this four-year maximum period.

New obligations for employers

• Mandatory paid leave for: (i) scheduled medical appointments; (ii) school-related obligations requiring the employee's presence as a legal guardian; and (iii) judicial or administrative proceedings
• Optional additional leave for employees who certify the use of a bicycle as their means of commuting to and from work
• The Workplace Regulations must be published through physical, digital, and electronic means, along with other required updates.
• Labor inclusion quota: (i) companies with up to 500 employees must hire two employees with disabilities for every 100 employees; (ii) companies with more than 500 employees must hire one additional employee with a disability for every 100 employees exceeding the first 500. This obligation is optional during the first year of the Reform's enforceability but becomes mandatory starting 25 June 2026.
• Obligation to allow access for certified assistance, emotional support, or therapy animals
• Right to flexible working hours for employees who are caregivers of family members with disabilities

Telework

• Two new modalities are introduced: (i) Temporary or Emergency Telework, for situations of force majeure or unforeseen events (such as health emergencies or natural disasters); and (ii) Transnational Telework for Colombian employees rendering services from abroad.
• Connectivity allowance becomes mandatory for employees who earn up to two times the monthly legal minimum wage (SMLMV).

Working schedules, hours and surcharges

• Maximum work hours: eight per day and 42 per week, aligned with the gradual reduction started in 2021. From 15 July 2025: 44 hours/week; from 15 July 2026: 42
• Ordinary work hours may be distributed variably across days.
• Family Day is no longer mandatory and becomes optional.
• Changes to overtime requests and records: Ministry of Labor authorization is no longer required. Penalties apply for non-payment (fines and suspension of overtime scheduling rights). New obligations for overtime registration and delivery to employees.
• Any day may be agreed upon as a mandatory rest day.
• Sunday surcharge will increase progressively: (i) 80% from July 2025; (ii) 90% from July 2026; (iii) 100% from July 2027
• From December 2025, daytime hours will be from 6:00 a.m. to 7:00 p.m., and nighttime from 7:00 p.m. to 6:00 a.m.

Labor harassment

• The definition is expanded: it can be committed by anyone in the work environment, regardless of their role (including clients, suppliers, etc.).
• A single act may now be considered labor harassment; it is no longer required to be repeated or persistent.

Flexibilities

• Employers are now allowed to: (i) directly pay the unemployment aid to the employee without forfeiting the amount paid; (ii) agree to monthly payments of the interest on unemployment aid
• Flexible work schedules may be agreed upon for employees with caregiving responsibilities (children, elderly, persons with disabilities, or serious illnesses).

Disciplinary procedures

• The procedure is now thoroughly regulated, following guidelines from the Constitutional Court. Employers must update their Workplace Regulations to include this procedure within 12 months.
• A minimum irrevocable period of five days is established for the employee to be informed of the charges, review the evidence, and prepare their defense.

"CREA EMPLEO" program

• A benefit of up to 25% of one monthly legal minimum wage for six months is available to employers who hire women, young people, or individuals over 50 years old. This applies to companies with up to 50 employees or with sales growth equal to or below the Consumer Price Index (CPI) over the past two years.

Migrant workers

• Migration status does not exempt compliance with labor and social security regulations. However, visas and work permits remain mandatory.

Get ahead of the changes

Make the necessary adjustments to your contracts, internal regulations, policies, and procedures.

At Baker McKenzie we are available to support you in implementing this new legislation and to address any questions you may have.

Click here to read the Spanish version.