1. Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
In Colombia, in application to the principle of reality over the formalities, a local entity is not needed to consider the existence of an employment contract. However, a local entity might be needed to be established in Colombia to comply with certain obligations regarding contributions to the social security system.
2. Limitations on Background Checks
Express prohibitions over background checks in the legislation include the following:
▪ HIV tests or conditions.
▪ Pregnancy test.
▪ Mandatory military service approval.
▪ Unionized condition.
▪ Diseases or disabilities.
▪ In general, it must be said that any background check that might be considered discriminatory is prohibited, unless and objective justification is proven.
3. Restrictions on Application/Interview Questions
Employers are prohibited to ask any question that may be considered discriminatory. Any question or restriction on the application of a candidate regarding his age, sexual orientation, civil status, religious beliefs, political opinion, language, race, diseases, unionized condition or any other consideration that does not have any relation with the position to be performed, and might lead to a discriminatory ground, must be avoided. In particular, employers are forbidden to ask potential candidates to perform HIV and/or pregnancy tests as a condition for the application, unless this condition is proving to be incompatible with the position the person applied for.