On May 22, 2026, the Colombian Ministry of Labor issued Circular 0048, out lining changes to labor disciplinary due process.

Key Points:

1. Key Provisions

• To explain the changes introduced by Law 2466 of 2025 (Labor Reform) regarding labor disciplinary procedures.
• To ensure the protection of employees’ fundamental rights.

2. Labor Due Process is Mandatory

• Disciplinary actions must comply with minimum guarantees applicable to private-sector employees.
• The regulation is based on the Colombian Constitution (Articles 29 and 53), international labor standards, and the Colombian Labor Code.

3. Principles that Must be Respected

• Presumption of innocence.
• Right to defense.
• Impartiality of the person conducting the investigation or imposing sanctions.
• Protection of reputation and personal dignity.
• Non bis in idem principle (no double sanction for the same conduct).

4. Evidence and Right to Defense

• The employer must provide all evidence supporting the investigation.
• The employee must have sufficient time to prepare their defense.
• If new evidence arises, the employee must be granted an additional opportunity to respond.

5. Minimum Time to Prepare a Defense Statement

• A reasonable time frame must be granted.
• The disciplinary hearing or defense meeting can not be scheduled less than five (5) days after the formal notification and delivery of supporting evidence.

6. Principle of Timeliness (Inmediacy Principle)

• Disciplinary proceedings must be conducted with in a reasonable period.
• Disciplinary procedures can not be used as a pressure mechanism against employees.
• Excessive delays may affect the validity of disciplinary sanctions.

7. Union Participation

Labor unions may accompany affiliated employees during investigations and disciplinary hearings.

Unions may place formal statements or observationson record during the procedure.

8. Memorandums or Written Warnings

• If a written warning is not classified as a disciplinary sanction under the Internal Work Regulations (Internal Labor Rules), a formal disciplinary procedure may not be required.
• If the Internal Work Regulations define it as a sanction, the corresponding disciplinary process must be followed.

9. Small Businesses and Domestic Workers

• Companies with up to 10 employees and house hold employers are granted greater procedural flexibility.
• However, they must still guarantee:
  • Clear information regarding the alleged facts.
  • The employee’s right to defense.
  • The opportunity to be heard.

10. Dismissal with Cause

• Minimum due process guarantees must be observed, including:
  • Clearly explain the grounds for dismissal.
  • Allowing the employee to be heard.
  • Acting promptly.
  • Basing the decision on a legally established cause.
  • Acting in good faith and respecting the employee’s dignity.

11.Exceptions Where a Prior Procedure May Be Required

• Cases such as:
  • Poor work performance.
  • Participation in an illegal strike.
  • Situations where internal regulations, employment agreements, collective bargaining agreements, or labor covenants establish such a requirement.

General Conclusion

Circular 0048 strengthens the rules governing labor disciplinary due process in Colombia, seeking to ensure that employers implement more transparent procedures while respecting employees’ rights to defense, to review evidence, to reasonable timelines, and to fundamental labor rights.

See: Ver Documento

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