Hiring Practices in Colombia

In Colombia, employers may request any documents they consider necessary to assess an applicant. However, such requirements may not include documents, certificates or information expressly prohibited by legal provisions. Job application forms or letters CANNOT DEMAND THE FOLLOWING INFORMATION: “information on the marital status of a person, the number of children he/she has, the religion he/she practices or the political party to which he/she belongs” (article 1º, Law 13, 2971); additional prohibitions include: pregnancy test results (except when related to activities that are classified to be of high risk)(article 43, C.N., articles is prohibited one and two, convention No. 111 of the OIT, Resolution No. 003941 of the Ministry of Labor), AIDS tests results (Regulatory Decree No. 559 of 1991, article 22) or require a Military Card (article 111 of Decree 2150 of 1995).

Employers may hire an external firm specialized in recruitment processes to engage personnel pursuant to the profiles and needs of the company. As such, companies must authorize the external firm to conduct tests, background checks, etc., and perform entry medical examinations through authorized health entities and drug and alcohol laboratory tests.

Any false data contained in the application, or any submitted document showing irregularities and/or false statements, and/or any alteration or forgery of the submitted certificates will result in the rejection of the applicant or, if applicable, if he/she has been employed based on the stated data or information, this will constitute a just cause for termination of the labor agreement pursuant to the provisions set forth in Decree 1072 of 2015 and article 62 of the Colombian Labor Code.

The selected applicant will undertake any training and introduction programs as required by the employer for new employees.

For more information, please contact L&E Global.
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