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<\/strong><\/p>\n A labor reform bill in Colombia is nearing its final stage in Congress and introduces several structural changes that could significantly impact the way companies manage employment. These range from adjustments to working hours and new leave entitlements to stricter regulations on subcontracting. For companies operating in Colombia, it will be essential to clearly understand the scope and potential impact of the reform, should it be enacted. Below are the main changes to take into account:<\/p>\n Open-ended employment contracts are reaffirmed as the general standard. Fixed-term or task-specific contracts are only permitted under exceptional and temporary circumstances. Furthermore, a provision is introduced allowing employees to voluntarily provide at least 30 days\u2019 notice of resignation without penalty for failure to do so.<\/p>\n <\/p>\n The maximum duration for fixed-term contracts is extended to five (5) years. The requirement of a written format remains in force. Renewals are limited: after the fourth renewal of a contract lasting less than one year, any further renewal must be for at least one year. If formal requirements are not met, or if the employee continues providing services after the completion of the task, the contract is presumed to be indefinite.<\/p>\n <\/p>\n The bill, as approved in the third debate, does not alter current severance rules for termination without just cause<\/strong>. The existing framework remains unchanged.<\/strong><\/p>\n <\/p>\n The bill clearly regulates the procedure for imposing disciplinary sanctions<\/strong>, establishing the employer\u2019s obligation to:<\/p>\n This procedure applies solely to sanctions such as written warnings, suspensions, or fines, and is intended to guarantee due process in the employment relationship.<\/p>\n <\/p>\n The bill maintains special protection for employees under reinforced job stability, particularly in the following cases:<\/p>\n a. Pre-Retirees:<\/strong><\/p>\n Employees who are within three (3) years<\/strong> of meeting pension eligibility requirements are protected. This includes both the public pension scheme (based on weeks and age) and the individual savings scheme with solidarity (based on capital or minimum guarantee). Termination of employment in such cases requires prior authorization from the Ministry of Labor.<\/p>\n b. Employees with Acquired Disabilities:<\/strong><\/p>\n Employees who, during the course of employment, develop a physical, sensory, psychological, or intellectual<\/strong> condition that substantially limits one or more major life activities are protected.<\/p>\n A distinction is made between:<\/p>\n Employers may only dismiss the employee if they can demonstrate that reassignment is not feasible<\/strong> and must obtain prior authorization from the Labor Inspector or a labor judge.<\/strong><\/p>\n Note:<\/strong> If the disability was pre-existing and recorded in the employment contract, or if the employee was hired specifically due to that condition, reinforced stability does not apply.<\/strong><\/p>\n <\/p>\n The approved text introduces new paid leave entitlements, which the employer must grant upon submission of proper documentation:<\/p>\n These leaves may not be deducted from vacation or compensatory days and must be treated as regular work time.<\/p>\n <\/p>\n Contrary to earlier proposals, the duration of paternity leave remains unchanged<\/strong> at two (2) paid weeks, as established in Law 2114 of 2021. No additional modifications are introduced in terms of duration, conditions, or eligibility.<\/p>\n <\/p>\n Regulations governing the use of intermediaries and temporary employment become stricter:<\/p>\n <\/p>\n The bill consolidates various remote work modalities, including:<\/p>\n a. Telework:<\/strong><\/p>\n b. Working from Home:<\/strong><\/p>\n c. Remote Work:<\/strong><\/p>\n d. Digital Connectivity Allowance:<\/strong><\/p>\n <\/p>\n Upon enactment, the new workweek will be implemented as follows:<\/p>\n The \u201cFamily Day\u201d is no longer mandatory.<\/p>\n Effective January 1, 2027<\/strong>, a new statutory bonus will be introduced in addition to the standard one, subject to the employer\u2019s economic performance:<\/p>\n This bonus will be deductible from the employer\u2019s income tax. The government will regulate the formula for measuring economic growth and productivity<\/strong>, as well as the technical parameters.<\/p>\n Important<\/strong>: Employer and employee may agree to defer its payment by mutual consent.<\/p>\n Article 81 of the Labor Code is amended, redefining the special nature and terms of the apprenticeship contract:<\/p>\n Mandatory Affiliations<\/strong><\/p>\n During the practical or dual phase, apprentices must be enrolled in:<\/p>\n Scope and Types of Eligible Training<\/strong> Monetization of the Apprenticeship Quota<\/strong><\/p>\n The bill introduces a clear statute of limitations framework:<\/p>\n<\/strong><\/h4>\n
1. Open-Ended Contracts as the General Rule<\/strong><\/h4>\n
2. Fixed-Term and Task-Specific Contracts<\/strong><\/h4>\n
3. No Changes to Severance Rules<\/strong><\/h4>\n
4. Disciplinary Procedure<\/strong><\/h4>\n
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5. Reinforced Job Stability: Pre-Retirees and Persons with Disabilities<\/strong><\/h4>\n
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6. New Paid Leaves: Medical Appointments and Legal Matters<\/strong><\/h4>\n
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7. Paternity Leave: No Changes<\/strong><\/h4>\n
8. Subcontracting and Temporary Staffing Agencies<\/strong><\/h4>\n
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9. Telework, Remote Work, and Digital Connectivity Allowance<\/strong><\/h4>\n
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10. New Working Hours and Surcharges<\/strong><\/h4>\n
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11. Additional Bonus for Economic Growth<\/strong><\/h4>\n
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12. Apprenticeship Contract: Key Amendments<\/strong><\/h4>\n
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Applies to:<\/p>\n\n
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13. Statute of Limitations on Labor Claims<\/strong><\/h4>\n