1. Brief Description of Anti-Discrimination Laws Colombia´s national law prohibits discrimination in employment due to age, color, disability, sex, cultural and ethnic origin, language, pregnancy, race, religion, age, and political or philosophical opinion. 2. Extent of Protection Right to work in conditions of equality due to age. Law 931, 2004: This law guarantees a special […]
All foreigners who work in Colombia must obtain a work visa, and in the event that the foreigners practice a regulated profession they must obtain the corresponding work permit from the competent professional council.
1. Employees´ Rights There are three different alternatives under Colombian labor laws for transferring employees from one employer entity to another employer entity in a business acquisition process. Those alternatives are: (i) employer substitution; (ii) termination and rehiring; and (iii) assignment of the employment contract. Employees’ rights vary according to each alternative. 2. Requirements for […]
1. Brief Description of Employees’ and Employers’ Organizations Colombian employees are entitled to unionize and/or create unions. Unions can organize federations and confederations according to the rules of Colombian Labor Code, Article 417, which establishes that all unions have the right to unite with or join local, regional, national, trade or industrial federations, and the […]
1. Minimum Requirements Labor jurisprudence and doctrine agree in stating that in order for an employment agreement to be construed, the existence of the following three elements is required: The rendering of a personal service; Subordination; and The remuneration as compensation of the service (salary). In addition, by virtue of the territoriality principle, the Colombian […]
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 […]
1. Definition of Restrictive Covenants and Types of Restrictive Covenants Article 44 of the Colombian Labor Code sets out that the stipulation whereby an employee binds him/herself not to work in certain activities, or not to work with the competitors of his employer upon the termination of his/her contract, shall produce no legal effect. In […]
1. Can the employer restrict the employee’s use of Internet and social media during working hours? Yes, the employer can restrict the employee´s use of Internet and social media during workday hours. 2. Employee’s use of social media to disparage the employer or divulge confidential information Article 56 of the Colombia Labor Code establishes that […]
1. Legal Framework Law 100 of 1993 and Decree 1072 of 2015 Under Colombian current labor and social security legislation, every employer is required to register itself and its employees before the social security entities, such as (i) health promoting entities (EPS), Pension Funds (AFP), labor risks entities (ARL) and family welfare funds (cajas de […]
1. Grounds for Termination According to article 62 of the Labor Code, the employer can terminate an employment contract with cause in the following circumstances: Having been cheated, or been subject to deception by the employee through the presentation of false certificates for admission or with the purpose of getting undue benefits; Any acts of […]
1. Minimum Working Conditions The Colombian Labor Code contains the minimum rights and guarantees granted to an employee. Any stipulation that affects or disregards this minimum is considered null and void. In this regard, all articles in the Code must be considered minimum rights and guarantees available to all employees. 2. Salary Salary is defined […]
