1. New Labor Procedure Code (Law 2452 of 2025)
As of April 6, 2026, Colombia's new Labor and Social Security Procedure Code came into force. Enacted by the Colombian Congress, this reform transforms the way labor disputes are managed and resolved in the country. The new legislation replaces a procedural framework that has remained largely unchanged for nearly 80 years, characterized by slower proceedings and limited adaptation to current workplace realities, with a more agile, digital, and rights-based system.
One of the most significant changes is the elimination of single-instance proceedings, meaning that both employees and employers now have the right to appeal judicial decisions. While this strengthens oversight and legal certainty, it also requires companies to be better prepared, as labor disputes may involve a higher level of scrutiny and legal analysis.
Additionally, the new Code allows for precautionary measures (interim relief) to be requested at any stage of the proceeding. This means that employees may seek immediate protection of their rights even before a final judgment is issued. In practice, this may result in provisional payment orders or temporary protective measures while the dispute is being resolved, increasing employers' exposure to potential liabilities.
Another key development is the digitalization of labor proceedings through virtual hearings, electronic case files, and digital notifications. While these changes improve efficiency and reduce processing times, they also require organizations to maintain well-organized, readily available records as response times become significantly shorter. Furthermore, judges are granted broader authority and may recognize labor rights, such as wages or statutory benefits, even if the employee did not expressly claim them, provided sufficient evidence supports such recognition.
Taken together, these changes demonstrate that labor management is no longer merely an operational matter but also a strategic one. For employers, maintaining proper documentation, robust support records, and well structured internal processes become essential, as inconsistencies may now result in faster, more severe legal consequences.
See document
2. Reporting Remote Workers to the Ministry of Labor
With the expansion of remote work arrangements in recent years, many organizations have adopted flexible work arrangements without fully formalizing them. In response, the Colombian Ministry of Labor has reinforced employers' obligation to report employees working under modalities such as autonomous, mobile, hybrid, transnational, and temporary or emergency teleworks, to ensure proper traceability of these employment arrangements.
This reporting obligation is not merely an administrative requirement; it serves as a mechanism to identify how, where, and under what conditions employment services are being performed. In practice, it requires employers to formally acknowledge that an employee is providing services outside the employer's regular facilities and that such circumstances entail specific legal and regulatory responsibilities.
This requirement is particularly relevant in matters concerning occupational risks and Occupational Health and Safety (OHS). Even when employees work from home, employers remain responsible for ensuring adequate working conditions. For example, in the event of a workplace accident, authorities may verify whether the employee was properly registered under the applicable telework modality and whether the employer had identified and documented the employee's working environment.
Additionally, this registration process enables the Ministry of Labor to exercise greater oversight regarding compliance with labor regulations and to identifydiscrepancies between operational realities and officially reported information. Many organizations currently have employees working remotely without maintaining updated formal registrations, creating potential risks during labor audits, investigations, or legal proceedings.
In this context, reporting to teleworkers has become a key compliance requirement. Beyond fulfilling a legal obligation, it requires alignment among the Human Resources, Payroll, and Occupational Health and Safety teams to ensure that reported information accurately reflects operational realities and that the organization can adequately respond to regulatory inquiries.
See document
3.Recognition of Medical Leave Benefits and Loss of Work Capacity Assessment PCL - as its acronym in Spanish - Loss of Work Capacity (LWC) Process
In the management of long-term medical leave cases, one of the main challenges for employers is determining when responsibility shifts from the Health Promotion Entity - as its acronym in Spanish - (EPS) to the Pension Fund Administrator as its acronym in Spanish (AFP), as this directly impacts payment flows and reimbursement recovery processes.
Under current regulations, the economic recognition of common-origin temporary disability benefits is distributed as follows: the first two days are covered by the employer; thereafter, the EPS assumes payment from day 3 through day 180. Beyond this point, the case enters a more complex stage involving both the EPS and the pension fund administrator.
Between days 181 and 540, the AFP assumes payment of the disability benefit. After day 540, responsibility may be returned to the EPS, provided a favorable rehabilitation opinion has been issued. However, during this period, the Loss of Work Capacity Assessment process should already be underway, as it is essential for determining whether the employee qualifies for a disability pension or another social security benefit.
If no favorable rehabilitation opinion is issued after day 540, responsibility for the economic benefit may shift to the AFP, particularly if the employee's recovery is no longer considered feasible. At this stage, payments are made directly to the employee rather than through the employer, fundamentally changing the administration process.
This framework is primarily supported by Article 206 of Law 100 of 1993, Decree 780 of 2016 (Single Regulatory Decree for the Health Sector), and Decree 1333 of 2018, which regulates disability benefits extending beyond 540 days.
In practice, many employers face challenges because these timelines are not always strictly adhered to. It is common to find cases involving discrepancies in accumulated day calculations, benefit denials due to inconsistencies, or delays in the Loss of Work Capacity Assessment process. These situations often result in rework, payment delays, and even financial losses for employers.
For this reason, disability leave management should not be limited to the submission of documentation. Employers must actively monitor each case, validate information reported by the relevant entities, and, when inconsistencies or delays arise, utilize formal mechanisms such as petitions, complaints, claims, and requests (PQRs) to obtain clarification and ensure proper case traceability.
In this context, understanding the allocation of responsibilities between EPSs and AFPs not only improves operational management but also enables employers to anticipate risks and ensure that both the organization and the employee receive appropriate treatment within Colombia's Social Security System.
See Document - Law100
See Document – Decree 180
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