Law 2466, signed by President Gustavo Petro, marks a significant change in the Colombian labor framework. Below, you will find an overview of the main articles included in the Labor Reform. Due to their content, we have identified those that could significantly impact the internal dynamics of organizations and therefore deserve special attention.

Article 1 Purpose: The purpose of this Law is to modify the Substantive Labor Code, Law 50 of 1990, Law 789 of 2002, and other labor laws, through new provisions associated with decent and dignified work in Colombia

Contractual Modalities:

(i) Article 5: Indefinite-term employment contract: The labor inspection will ensure and promote job stability; this type of contract is maintained unless the company is required to carry out temporary activities for a specific period (fixed-term contract or labor contract).

(ii) Article 6: 1. Fixed-term contracts and for specific work or task: Fixed-term contracts may not exceed four (4) years, and must be entered into in writing, including their extensions. It is essential that these contracts be written and specify the temporary need that justifies their celebration; this type of contract may not be renewed indefinitely, for which reason, the following extensions must be considered:

• Agreed extension: When the fixed-term contract is for less than one (1) year, it may be extended as many times as necessary; however, after the fourth extension, the agreement may not be renewed for less than one (1) year. In no case may the maximum term of four (4) years be exceeded.
• Automatic extension: If thirty (30) days before the end of the date agreed in the initial contract or its extension, neither party expresses its intention to terminate the agreement, it will be understood to be renewed for a term equal to the one initially agreed or its extension, and may not exceed the maximum limit of four (4) years.

(iii) Article 6: 2. Employment Contract for a specific duration: This contract may be entered into in writing and for the duration of a particular project or task. The worker's duties must be listed in detail and precisely.

Once the contracted project or task is completed and the employee continues to provide their services, it shall be deemed an open-ended contract from the beginning of the employment relationship, unless it involves a new and different project or task.

Regulation of Disciplinary Sanctions

Article 7: Due Process for Disciplinary Action

The labor reform specifically details the procedure for imposing disciplinary sanctions, adding a period for the employee to defend themselves, extending it to five (5) days.

The following procedure must be applied as a minimum:

• Formal notification of the process.
• Indication of the facts, conduct, or omissions.
• Transfer the evidence supporting the facts to the employee.
• Indication of the time for the employee to present the necessary arguments, which may not be less than 5 days. Final ruling specifying the reasons or motives for the decision.
• Confirmation of the sanction.
• The employee's opportunity to challenge the decision.

The employer must update the Internal Labor Regulations within twelve (12) months of this law's entry into force.

Changes in Working Hours and Surcharges

Article 10: Daytime and Nighttime Work

(i) The daytime workday is modified from 6:00 a.m. to 7:00 p.m.

(ii) The nighttime surcharge will be between 7:00 p.m. and 6:00 a.m.

The provisions of this article will become effective six (6) months after the enactment of this Law.

Changes in Working Hours and Overtime

Article 10: Daytime and Nighttime Work

(i) The daytime workday is modified from 6:00 a.m. to 7:00 p.m.

(ii) The nighttime surcharge will apply between 7:00 p.m. and 6:00 a.m.

The provisions of this article will become effective six (6) months after the enactment of this Law.

Article 12: Overtime Hours List

The following modifications are made:

(i) Eliminating the Ministry of Labor authorization for overtime work.

(ii) The employer's obligation to keep records of overtime work for each employee remains in place.

Article 14: Remuneration on Mandatory Rest Days

The Sunday and/or holiday surcharge will be paid gradually until reaching 100%:

(i) July 2025: 80%

(ii) July 2026: 90%

(iii) July 2027: 100%

Sunday is considered a rest day; however, the parties may expressly agree on a day other than Sunday.

New Paid Leave and Labor Inclusion

Article 15: Special Obligations of the Employer

(i) The employer must grant paid leave in the following cases:

(ii) Paid leave must be granted for medical appointments and school obligations as a guardian, upon certificate presentation.

Companies must grant one paid day per semester to employees who commute to work by bicycle or using sustainable means of transportation.

Regarding the inclusion of laborers with disabilities:

(i) Companies with up to 500 employees: Two (2) workers with disabilities for every 100.

(ii) Companies with more than 501 employees: One (1) additional worker for every 100.

During the first year after this Law comes into force, companies must initiate a technical review plan and implement the necessary adjustments to hire people with disabilities.

Apprenticeship Contract and Monetization of the SENA

Article 21: Apprenticeship Contract

(i) The apprenticeship contract maintains its status as a special, fixed-term contract.

(ii) Subsistence support during the school year is increased from 50% to 75% of the current legal monthly minimum wage (SMMLV).

(iii) Subsistence support increased from 75% to 100% of the SMMLV during the productive stage.

(iv) Social security contributions during the school year will cover health and occupational hazards.

(v) During the productive stage, contributions must be made for health, pensions, and occupational hazards, and the employee will be entitled to payment of social benefits.

Article 23: Monetization of the Apprenticeship Fee

Companies that decide to monetize must pay the equivalent of 1.5 times the SMMLV (current legal monthly minimum wage) for each unhired apprentice.

Digital Delivery Platforms

Specific provisions are incorporated to regulate the working conditions of digital workers linked to delivery platforms.

Article 24: Definitions. Two types of digital delivery workers are presented: (i) dependent and subordinate, and (ii) independent and self-employed. Digital delivery platform companies are individuals and legal persons, and digital platforms are defined as applications or software operating on mobile or fixed devices.

Article 25: Modalities. Digital workers may provide services under the following modalities: (i) Dependent and subordinate relationship, and (ii) Independent and self-employed relationship.

Article 26: Registry. Digital platform companies must implement identity verification mechanisms that determine the modality under which each worker is employed.

Article 27: Social Security and Occupational Risks

The obligations to enroll in and contribute to the social security system are defined according to the type of employment:

• Dependent and subordinate employment: The company will assume all contributions to the comprehensive social security system.

• Independent and autonomous employment:

o The company will be responsible for 60% of the health and pension contributions.

o The worker will assume the remaining 40%.

o The company will cover the entire contribution to occupational risks.

o The contribution base will be calculated on 40% of the worker's total income.

Article 28: Registration System: Every digital delivery platform company must register with the Ministry of Labor to submit a quarterly report on the number of active employees.

The Ministry of Information Technology and Telecommunications will support the Ministry of Labor in providing technological tools. This law is expected to be implemented for one (1) year upon entering into force.

Article 35: Benefit for the Creation of New Jobs "CREA EMPLEO": A CREA benefit for employers who hire new positions. This benefit will be granted for six (6) months. Each new job will be generated for women, young people, and people over 50.

Article 43: First Job Program and Last Job Program:

Access programs will be created for recent young graduates, women over 50, and men over 55 to generate incentives for companies.

Article 45: Temporary Service Companies

Regulated by Article 77 of Law 50 of 1990, contracts may be entered into in the following cases:

(i) Occasional, accidental, or temporary employment

(ii) Replacement of personnel on vacation, leave, sick leave, or maternity leave

(iii) Increases in production

The following paragraphs are added to the Labor Reform:

Paragraph 1. Companies may not enter into contracts with temporary service companies in circumstances other than those expressly provided for in Article 77 of Law 50 of 1990.

Suppose such a contract is signed and the cause that gave rise persists. In that case, extending the said service or re-contracting it with another temporary service company will not be possible since it would lose its status as an occasional, accidental, or temporary activity, thus violating the permitted legal nature.

Paragraph 2. Suppose the contracting conditions for a work-based or labor-based contract are not met. In that case, it will be deemed that the user company acts as the actual employer of the employees on assignment, and the temporary services company acts as an intermediary.

Paragraph 3. If the temporary services company fails to comply with this rule, it may be sanctioned by having its operating license revoked.

Paragraph 4. When the work-based or labor-based contract is signed with the worker, the reason for their employment with the user company must be specified.

Remote Work and Connectivity

Article 53. Connectivity Allowance

A connectivity allowance, which replaces the transportation allowance, is established for teleworkers earning less than two (2) Current Legal Monthly Minimum Wages (SMMLV).

This connectivity allowance is not part of a salary but will be considered when calculating social benefits.

Article 56. Flexible Work Environments

Adaptation of wellness policies within organizations, allowing the entry of pets, dogs, and cats, to provide emotional support.

This is currently being regulated by the Ministry of Labor and the Ministry of Health and Social Protection.

Article 64. Simple Labor Regime

Companies may agree in writing with their employees on the monthly severance payments and the payment of severance interest.

The Ministry of Health and Social Protection currently regulates it.

See: Attached document in PDF format.