SUBSTANTIVE LABOR CODE

This edition was worked on the publication of the Official Edition of the CODE
NOUN OF WORK, with its modifications, ordered by article 46 of the
Law Decree 3743 of 1950, which was published in the Official Gazette No. 27,622, of the 7th of
June 1951, compiling Decrees 2663 and 3743 of 1950 and 905 of 1951>
Summary of Validity Notes

PRELIMINARY TITLE.
GENERAL PRINCIPLES
ARTICLE 1. OBJECT. The primary purpose of this Code is to achieve the
justice in the relationships that arise between employers and workers, within
a spirit of economic coordination and social balance.
Notes of Validity

ARTICLE 2. TERRITORIAL APPLICATION. This Code applies throughout the

territory of the Republic for all its inhabitants, without regard to their
nationality.
Validity Notes

ARTICLE 3. RELATIONS REGULATED. This Code regulates the

individual labor law relationships of a particular nature, and those of law
work collective, officials and private individuals.
Validity Notes

Legal Jurisprudence Validity

ARTICLE 4. PUBLIC SERVANTS. The individual labor relationships of

I work between the Public Administration and railway workers,
companies, public works and other state servants are not governed by this
Code, but by the special statutes that will be issued later.
Notes of Validity

ARTICLE 5. DEFINITION OF WORK. The work regulated by this Code is

all free human activity, whether material or intellectual, permanent or
temporary, which a natural person consciously executes in the service of another, and
whatever its purpose, as long as it is carried out in execution of a contract
for work.
Notes of Validity

ARTICLE 6. OCCASIONAL WORK. Occasional, accidental or

transitory, is of short duration and not greater than a month, which refers to work
different from the normal activities of the {employer}.
Notes of Validity

ARTICLE 7. OBLIGATION OF WORK. Work is socially

mandatory.
Validity Notes

ARTICLE 8. FREEDOM TO WORK. No one can prevent work from being

nor to engage in the profession, industry, or trade of their choice,
while lawful its exercise, but only by resolution of competent authority
aimed at safeguarding the rights of workers or society, in cases
as provided for in the law.
Validity Notes

ARTICLE 9. PROTECTION OF WORK. Work enjoys protection from

State, in the manner provided in the National Constitution and the laws. The
public officials are obligated to provide workers with proper and
timely protection for the guarantee and effectiveness of your rights, in accordance with your
attributions.
<Validity Notes>

ARTICLE [Link] DE THE WORKERS Y THE

WORKERS. <Article modified by the article2of Law 1496 of 2011. The
All workers are equal before
the law, they have the same protection and guarantees, consequently, it is abolished
any type of distinction based on the intellectual or material nature of the work,
its form or compensation, gender or sex except for the exceptions established by the
law.
<Notes of Validity>

Previous Legislation

ARTICLE 11. RIGHT TO WORK. Everyone has the right to work and
enjoys the freedom to choose a profession or trade, within the prescribed norms
by the Constitution and the Law.
Notes of Validity

ARTICLE 12. RIGHTS OF ASSOCIATION AND STRIKE. The Colombian State

guarantees the rights of association and strike, in the terms prescribed by the
National Constitution and the laws.
Validity Notes

ARTICLE 13. MINIMUM RIGHTS AND GUARANTEES. The provisions of this

Codes contain the minimum rights and guarantees enshrined in favor of the
workers. Any stipulation that affects or has no effect whatsoever
Do not disregard this minimum.
Notes of Validity

ARTICLE 14. CHARACTER OF PUBLIC ORDER. IRRENOUNCEABILITY. The

legal provisions that regulate human labor are of public order and, for
consequently, the rights and privileges they grant are irrevocable,
except for cases expressly exempted by law.
Validity Notes

ARTICLE 15. VALIDITY OF THE TRANSACTION. The transaction is valid in the

work matters, except when it involves certain and undisputed rights.
Notes on Validity
ARTICLE 16. EFFECT. 1. The labor regulations, being of public order,
they produce an immediate general effect, which is why they also apply to contracts
of work that are in force or ongoing at the time when those regulations
They start to apply, but they do not have retroactive effect, that is, they do not affect situations.
defined or consummated according to previous laws.
Jurisdiction Validity

2. When a new law establishes a provision already recognized spontaneously

by convention or arbitration award by the {employer}, the most favorable will be paid to
worker.
Validity Notes

ARTICLE 17. CONTROL BODIES. The oversight of compliance with the

social provisions are entrusted to the administrative authorities of the
Work.
Validity Notes

ARTICLE 18. GENERAL INTERPRETATION RULE. For the interpretation

This Code must take into account its purpose, expressed in the article1o.
Notes of Validity

ARTICLE 19. SUPPLEMENTARY APPLICATION RULES.

CONDITIONALLY executable> When there is no exactly applicable norm
In the controversial case, those that regulate similar cases or subjects apply.
principles that derive from this Code, the jurisprudence, custom or usage, the
doctrine, the Conventions and Recommendations adopted by the Organization and the
International Labor Conferences, as long as they do not oppose the laws
social principles of the country, the principles of common law that are not contrary to those of
Labor Law, all within a spirit of equity.
Notes of Validity

<Legal Precedent Validity>

ARTICLE 20. CONFLICTS OF LAWS. In case of conflict between the laws of

work and any others, they prefer those.
Notes of Validity

ARTICLE 21. MORE FAVORABLE NORMS. In case of conflict or doubt regarding the
Application of current labor regulations, the one most favorable to the worker prevails.
The adopted standard must be applied in its entirety.
Validity Notes

FIRST PART.
INDIVIDUAL LABOR LAW.
TITLE I.
INDIVIDUAL EMPLOYMENT CONTRACT.
CHAPTER I.
DEFINITION AND GENERAL RULES.
ARTICLE 22. DEFINITION.
A work contract is one by which a natural person commits to providing
a personal service to another person, natural or legal, under the continued
dependence or subordination of the second and through compensation.
Jurisprudence Validity

2. The one who provides the service is called the worker, the one who receives and pays for it,
{employer}, and the compensation, whatever its form, salary.
Notes of Validity

ARTICLE 23. ESSENTIAL ELEMENTS. <Article replaced by the article

Article 10 of Law 50 of 1990. The new text is as follows:
1. For a contract of employment to exist, these three elements are required.
essentials:
Jurisdiction Validity

a. The personal activity of the worker, that is, performed by himself;

b. The continuous subordination or dependence of the worker in relation to the
employer, which empowers him to demand compliance with orders, in
any moment, regarding the manner, time, or amount of work, and impose it
regulations, which must be maintained for the entire duration of the contract.
All of this without affecting the honor, dignity, and minimum rights of the worker.
in accordance with the international treaties or agreements regarding rights
relative humans to the matter compel the country; and
Jurisprudence Validity

c. A salary as compensation for the service.

Jurisprudence Validity

2. Once the three elements referred to in this article are gathered, it is understood that
a work contract exists and it does not cease to be one because of the name given to it or for
other conditions or modalities that may be added.
<Jurisdiction Validity>

<Notes of Validity>

Previous Legislation

ARTICLE 24. PRESUMPTION. <Article modified by article 2 of the Law

50 of 1990. The new text is as follows>. It is presumed that every relationship of
personal work is governed by an employment contract.
<INEXEQUIBLE Clause>
Notes of Validity

Jurisprudence Validity

<Editor’s Notes>

Concordance

Previous legislation
ARTICLE 25. CONCURRENCE OF CONTRACTS. Although the employment contract
if involved or in concurrence with another, or others, does not lose its
nature, and therefore the rules of this Code are applicable to it.
Validity Notes

ARTICLE 26. COEXISTENCE OF CONTRACTS. The same worker can

enter into employment contracts with two or more {employers}, unless it has been
agreed upon the exclusivity of services in favor of only one.
Notes of Validity

ARTICLE 27. REMUNERATION FOR WORK. All dependent work must

to be paid.
<Validity Notes>

Jurisprudence Validity

ARTICLE 28. PROFITS AND LOSSES. The worker may participate in the
benefits or advantages of your {employer}, but never assume their risks or
losses.
Notes of Validity

CHAPTER II.
CAPACITY TO CONTRACT.
ARTICLE 29. CAPACITY. They have the capacity to enter into the individual contract.
of work, all persons who have reached eighteen (18) years of age.
Notes of Validity

ARTICLE 30. INCAPACITY. <Article repealed as of the effective date of

Article 238 of Decree-Law 2737 of 1989 (Code of the Minor), as established
the Constitutional Court in the rulingC-170-04
ARTICLE 31. WORK WITHOUT AUTHORIZATION. If a relationship is established
I work with a minor without being subject to the provisions of the previous article, the
the alleged {employer} will be subject to compliance with all obligations
inherent to the contract, but the respective labor official may, on their own initiative or at
request from a party, order the cessation of the relationship and sanction the {employer} with
fines.
Validity Notes

<Editor’s notes>

CHAPTER III.
REPRESENTATIVES OF {EMPLOYER} AND SOLIDARITY.
ARTICLE 32. REPRESENTATIVES OF THE {EMPLOYER}. <Modified article
by Article 1 of Decree 2351 of 1965. The new text is as follows:> They are
representatives of the employer and as such bind him before his workers
in addition to those who have that character according to the law, the convention, or the regulation
from work, the following people:
Those who exercise functions of direction or management, such as directors,
managers, administrators, trustees or liquidators, stewards and captains of
boat, and those who exercise acts of representation with express acquiescence or
tacit approval of the employer;

b) The intermediaries.
Notes on Validity

Previous Legislation

ARTICLE 33. BRANCHES. <Article modified by article 2 of the

Decree 2351 of 1965. The new text is as follows: 1) Employers who have
branches or agencies dependent on its establishment in other municipalities
different from the main residence, they must be publicly established in each of
they a representative, with the authority to represent them in lawsuits or disputes
related to employment contracts that have been executed or must be
execute the respective municipality.
In the absence of such an agent, notifications will be considered made to the employer.
administrative or judicial actions directed to whoever heads the corresponding agency
or branch; and this will be jointly liable when he fails to provide the employer
timely notice of such notifications.
Notes of Validity

<Previous Legislation>

ARTICLE 34. INDEPENDENT CONTRACTORS.

Article 3 of Decree 2351 of 1965. The new text is as follows: 1) They are
independent contractors and, therefore, true employers and not representatives
no intermediaries, the natural or legal persons who contract the execution of
one or several works or the provision of services for the benefit of third parties, for a
fixed price, assuming all the risks, to carry them out with their own
resources and with freedom and technical and managerial autonomy. But the beneficiary of
work or owner of the work, unless it involves tasks unrelated to the
normal activities of your company or business, will be jointly responsible
with the contractor for the value of wages and benefits and
compensations to which workers are entitled, solidarity that does not hinder
for the beneficiary to establish with the contractor the guarantees of the case or for that
repeat against him what was paid to those workers.
2o) The beneficiary of the work or owner of the project will also be jointly liable.
responsible, under the conditions set forth in the previous section, for the obligations of
the subcontractors in front of their workers, even in the case that the contractors
are not authorized to hire subcontractor services.
Validity Notes

<Previous Legislation>

ARTICLE 35. SIMPLE INTERMEDIARY.

They are simple intermediaries, the people who hire services from others to
perform work for the exclusive benefit and on behalf of an {employer}.
They are considered as simple intermediaries, even when they appear as
independent entrepreneurs, the people who group or coordinate the services of
certain workers for the execution of work in which they use
locales, equipment, machinery, tools, or other elements of an {employer}
for the benefit of this and in ordinary activities inherent or related to the
same.
3. The one who celebrates an employment contract acting as a simple intermediary must
declare that quality and state the name of the {employer}. If not, he/she will not do so,
respond jointly with the employer for the respective obligations.
Notes of Validity

ARTICLE 36. RESPONSIBILITY [Link] solidarily

responsible for all obligations arising from the employment contract
partnerships of persons and their members and these among themselves in relation to the object
social and only up to the limit of responsibility of each partner, and the co-owners or
co-owners of the same company among themselves, as long as they remain undivided.
Notes of Validity

Jurisdiction Validity

CHAPTER IV.
MODALITIES OF THE CONTRACT.
(FORM, CONTENT, DURATION, REVIEW, SUSPENSION AND TEST OF
CONTRACT).
ARTICLE 37. FORM. The employment contract may be verbal or written; for its
Validity does not require any special form, unless expressly stated otherwise.
Notes of Validity

ARTICLE 38. ORAL CONTRACT. <Article modified by article 1 of

Decree 617 of 1954. The new text is as follows:> When the contract is verbal,
The {employer} and the worker must come to an agreement, at least regarding the
following points:
The nature of the work and the place where it is to be carried out;
2. The amount and form of remuneration, whether by unit of time or by work
executed, by task, piecework or any other, and the periods that regulate their
payment
3. The duration of the contract.
Notes on Validity

<Previous Legislation>

ARTICLE 39. WRITTEN CONTRACT. The written employment contract is extended

in as many copies as there are interested parties, one to be allocated for each one
of them; is exempt from stamped paper taxes and national stamp duty and must
necessarily include, outside of the clauses that the parties agree on
freely, the following: the identification and address of the parties; the place and the
date of its celebration; the place where the worker has been contracted and in
where the service is to be provided; the nature of the work; the amount of the
remuneration, its form and payment periods; the estimation of its value, in case of
that there are supplies for accommodation and food as part of the salary; and the
duration of the contract, its termination and termination.
Validity Notes
ARTICLE 40. CARD. <Article modified by the article51of Law 962 of
2005. The new text is as follows: > Companies may, in their opinion and as
identification control of the personnel providing services in its various
modalities, issue to their workers, contractors, and their staff and to the
employees on assignment an identification card stating, as appropriate, the name
of the direct worker, with the identification number and the position. In the case of
contractors the authorized persons by this or the mission worker,
specifying in those cases the name or corporate name of the contracting company or of
temporary services and likewise the type of activity carried out. The card
It must be signed by a person authorized to issue it.
The issuance of the card will not require approval from anyone.
judicial or administrative authority.
Validity Notes

<Previous Legislation>

ARTICLE 41. REGISTRATION OF WORKERS' INCOME.

1. Employers who have five (5) or more workers in their service, and
that they have not entered into a written contract or have not issued the card, must
keep a record of employee entrance, signed by both parties, where
they will consign at least the following points:
a). The specification of the work and the site where it is to be carried out;
b). The amount and form of remuneration;
c). The duration of the contract.
2. If during the term of the contract any changes are made to any of the
the aforementioned specifications, these modifications must be recorded in
separate record with reference to the previous ones. From these records, a certificate must be issued.
copy the workers when requested. The entry record can
to be extended and signed collectively when several are hired at the same time
workers.
Validity Notes

ARTICLE 42. CONTRACT CERTIFICATION. When less than

five (5) workers and no written contract has been celebrated, the {employers}, to
request of the workers, either directly or through the authorities
Labor administrative authorities must issue a certification of the contract where
record at least: names of the contractors, initial date of the
provision of the service, nature of the contract and its duration. If the {employer} does so
It requires that a declaration of conformity of the is stated at the bottom of the certification.
worker or from their observations.
Notes of Validity

ARTICLE 43. INEFFECTIVE CLAUSES. In employment contracts, not

produce no effect the stipulations or conditions that worsen the
worker's situation in relation to what the legislation establishes
labor, the respective arbitration rulings, agreements, collective conventions and
work regulations and those that are illicit or illegal for any reason; but
despite the ineffectiveness of those stipulations, any work carried out by virtue of
they, which constitutes a lawful activity in itself, grants the worker the right
to claim the payment of their salaries and legal benefits for the time they have
the service lasts until that ineffectiveness has been recognized or declared
judicially.
<Notes of Validity>

ARTICLE 44. NON-COMPETITION CLAUSE. <Struck out part>

UNENFORCEABLE>. The provision by which a worker agrees not to
to work in a specific activity or not to provide their services to competitors
from your {employer}, once your employment contract is completed, it has no effect
some. However, this stipulation is valid for up to one year when it comes to
of technical, industrial, or agricultural workers, in which case it must be agreed upon by the
period of abstention, compensation, which in no case can be less than
half of the salary.
Notes of Validity

<Jurisprudence Validity>

ARTICLE 45. DURATION. The employment contract may be entered into for a period of time
determined by the time it takes to complete a work or task
determined, for an indefinite time or to carry out an occasional, accidental job
the transitory.
Validity Notes

Legal Jurisprudence Validity

ARTICLE 46. FIXED-TERM CONTRACT. <Article replaced by the

Article 3 of Law 50 of 1990. The new text is as follows: The contract of
fixed-term work must always be in writing and its duration cannot be
superior to three years, but it is renewable indefinitely.
Legal Precedent Validity

1. If before the expiration date of the stipulated term, none of the parties
to notify the other party in writing of its decision not to extend the contract, with a
not less than thirty (30) days in advance, it will be understood as renewed for a
period equal to the initially agreed upon, and so on.
Jurisprudence Validity

2. However, if the fixed term is less than one (1) year, it may only be
to successively extend the contract for up to three (3) equal periods or
lower, after which the renewal term cannot be shorter than a
(1) year, and so on.
Jurisdiction Validity

In fixed-term contracts shorter than a year, workers

they will be entitled to vacation pay and service bonus in proportion to the time
any labor regardless of what it is.
Validity Notes
<Jurisprudence Validity>

<Previous Legislation>

ARTICLE 47. INDEFINITE DURATION. <Article modified by article 5.

from Decree 2351 of 1965. The new text is as follows:
1o) The employment contract not stipulated for a fixed term, or whose duration is not
determined by the work itself, or the nature of the contracted labor, or does not refer to
a temporary or transitional job will be a permanent contract.
2o) <See Editor's Notes and Validity Notes> The indefinite term contract
will remain in effect as long as the causes that gave rise to it exist, and the subject matter of
work. Nevertheless, the worker may terminate it by written notice.
at least thirty (30) days in advance, for the employer to replace it. In
in case of not giving timely notice or only partially complying, it will be applied
the provisions in article 8, numeral 7 of Decree 2351 of 1965,64of this
Code>, for all time, or for the period left unfulfilled.
<Editor's Notes>

<Validity Notes>

<Previous Legislation>

ARTICLE 48. RESERVATION CLAUSE. <Article repealed by the Decree

2351 of 1965
Notes of Validity

Previous legislation

ARTICLE 49. EXTENSION. <Article repealed by Decree 2351 of 1965>

Notes of Validity

Previous Legislation

ARTICLE 50. REVIEW. Any employment contract is subject to review at any time.
that unforeseen and serious disruptions of economic normality occur.
When there is no agreement between the parties regarding the existence of such
alterations, it is up to the Labor Court to decide on it and, while
therefore, the contract remains in full force.
<Validity Notes>

ARTICLE 51. SUSPENSION. <Article replaced by Article 4 of Law 50

from 1990. The new text is as follows:> The employment contract is suspended:
Due to force majeure or a fortuitous event that temporarily prevents its execution.
2. Due to the death or disqualification of the employer, when the employer is a person
natural and when this brings about the necessary and direct consequence of the suspension
temporary work.
3. Due to suspension of activities or temporary closure of the company,
establishment or business, in whole or in part, for up to one hundred twenty (120) days for
technical or economic reasons or other factors independent of the will of
employer, with prior authorization from the Ministry of Labor and Security
Social. From the request that is raised regarding this, the employer must inform about
simultaneously, in writing, to their workers.
4. For a license or temporary permit granted by the employer to the worker or by
disciplinary suspension.
5. For being called to serve in the military. In this case, the
the employer is obligated to keep the worker's position for up to thirty
(30) days after the service is completed. Within this term, the worker
he can rejoin his tasks whenever he considers it appropriate, and the employer
he is obliged to admit it as soon as he manages his reinstatement.
6. For the preventive detention of the worker or for correctional arrest not exceeding
eight (8) days for which I did not justify the termination of the contract.
7. Due to a strike declared in the manner provided for in the Law.
Validity Notes

Jurisprudence Validity

Previous legislation

ARTICLE 52. RESUMPTION OF WORK. Once the causes for the absence have disappeared,
temporary suspension of work, the {employer} must notify the workers, in
the cases dealt with by the first three ordinal numbers of the previous article, the date
from the resumption of work, through personal notification or published notices
no less than twice in a local newspaper, and must admit to its
previous occupations of all workers who apply within the three
(3) days following the notification or notice.
Notes of Validity

ARTICLE 53. EFFECTS OF SUSPENSION. During the period of the

suspensions contemplated in the article51it is interrupted for the worker the
obligation to provide the promised service, and for the {employer} to pay the
salaries for those periods, but during the suspension are the responsibility of the {employer},
in addition to the obligations that have arisen previously, those that correspond to him
due to death or illness of the workers. These periods of suspension
can be deducted by the {employer} when settling vacation, severance, and
retirements.
Notes of Validity

Jurisprudence Validity

ARTICLE 54. PROOF OF THE CONTRACT. The existence and conditions of the
Contracts can be proven by ordinary evidential means.
Notes of Validity

CHAPTER V.
EXECUTION AND EFFECT OF THE CONTRACT.
ARTICLE 55. GOOD FAITH EXECUTION. The employment contract, like all
contracts must be executed in good faith and, consequently, binds not only to what
it expresses not only all the things that emanate precisely from the nature of
the legal relationship or that which belongs to it by law.
Validity Notes

ARTICLE 56. OBLIGATIONS OF THE PARTIES IN GENERAL. Thus

generally, impose on the {employer} obligations of protection and safety for
with the workers, and to these obligations of obedience and loyalty towards the
{employer}.
Validity Notes

ARTICLE 57. SPECIAL OBLIGATIONS OF {EMPLOYER}. They are

special obligations of the {employer}:
1. Make available to workers, unless otherwise stipulated, the
appropriate instruments and the raw materials necessary for the realization of the
works.
2. Search for suitable local workers and appropriate elements of
protection against accidents and occupational diseases in a way that
reasonably ensure safety and health.
3. Provide immediate first aid in the event of an accident or
disease. To this effect in any establishment, workshop or factory that employs
usually more than ten (10) workers, the necessary maintenance must be kept
according to the regulations of the health authorities.
4. Pay the agreed remuneration under the conditions, periods, and places
welcome.
5. Absolute respect for the personal dignity of the worker, their beliefs and
feelings.
6. Apart from the stricken INEXEQUIBLE, the rest of the numeral CONDITIONALLY
executable> <View Editor's Notes> Grant the worker the necessary licenses
for the exercise of suffrage*1for the performance of temporary official positions
of forced acceptance2in case of serious domestic calamity properly
verified3; for perform union duties4inherent to the
organization or to attend the burial of their colleagues, as long as they give notice in advance.
due opportunity to the {employer} or their representative and that, within two (2)
in recent cases, the number of those who are absent should not be such that it harms the
functioning of the company. The work regulations will specify the
conditions for the aforementioned licenses. Unless otherwise agreed, the time
employee in these licenses can be deducted from the worker or compensated with
time equal to effective work in hours different from his ordinary workday, at option
from {employer}.
<Editor's Notes>

Jurisprudence Validity

7. Provide the worker who requests it, at the expiration of the contract, a certification in
that the length of service, the nature of the work, and the salary earned are recorded; and
Similarly, if the worker requests it, have them undergo a health examination and give it to them.
certification on the matter, whether upon entry or during employment
would have undergone a medical examination. It is considered that the worker, due to his/her
blame, evades, complicates or delays the exam, when five (5) days have passed.
after his retirement, he does not show up where the respective doctor is for the practice of
exam, despite having received the corresponding order.
8. Pay the worker the reasonable expenses for coming and going, if to provide
his services made him change residence, unless the contract termination is
originating from the fault or will of the worker. If the worker prefers to settle in
another place, the {employer} must cover your transportation to the attendance of the
expenses that would be incurred for his return to the place where he previously resided. In the
transportation expenses of the worker include those of family members
that they would coexist; and
9. Comply with the regulations and maintain order, morality, and respect for the laws.
10. <Conditionally executable underlined aside> <Number added
by the article1of Law 1280 of 2009. The new text is the following: > Grant
to the worker in case of the death of their spouse, partner
permanent or from a relative up to the second degree of consanguinity, first
from affinity and first civil, a paid leave for mourning of five (5) days
skilled, regardless of their type of hiring or employment relationship. The
grave domestic calamity does not include the Bereavement Leave addressed in this numeral.
This fact must be demonstrated by a document issued by the authority.
competent, within the thirty (30) days following its occurrence.
PARAGRAPH. The EPS will be obliged to provide psychological advice to the
family.
Notes of Validity

Legal Precedent Validity

11. <Number added by the [Link] Law 1468 of 2011. The new text
Grant in a timely manner to the worker in a state of
maternity leave, the paid leave enshrined in numeral 1 of the article236of
in such a way that she starts to enjoy it mandatorily one (1) week before or
Two (2) weeks before the probable date of delivery, according to the decision of the future
mother in accordance with the medical certificate referred to in numeral 3 of the aforementioned
article236.
<Notes of Validity>

Notes of Validity

<Previous Legislation>

ARTICLE 58. SPECIAL OBLIGATIONS OF THE WORKER. They are

special obligations of the worker:
1a. Perform the work personally, under the stipulated terms; observe the
precepts of the regulation and to obey and comply with the orders and instructions given by
particular manner in which the employer or their representatives impart it, according to the order
established hierarchy.
2a. Do not communicate with third parties, except with express authorization, the information that
have about your work, especially regarding things that are of a natural nature
reserved or whose disclosure may cause harm to the employer, which does not
obstacle to report common crimes or violations of the contract or regulations
labor legal matters before the competent authorities.
3a. Preserve and restore a good condition, except for natural wear and tear,
instruments and tools that have been provided to you and the leftover raw materials.
4a. Strictly uphold morality in relationships with your superiors and
companions.
5a. To promptly communicate to the employer any observations deemed necessary.
leading to prevent harm and damages.
6a. Provide possible assistance in cases of disaster or imminent risk that
affect or threaten the people or things of the company or establishment.
7a. Observe the preventive instructions and orders with utmost diligence and care.
of accidents or occupational diseases.
Validity Notes

8a. <Numeral added by the [Link] Law 1468 of 2011. The new text
The pregnant worker should start to enjoy
paid leave established in numeral 1 of the article236at least one
week before the due date.
Notes of Validity

ARTICLE 59. PROHIBITIONS FOR EMPLOYERS. Employers are prohibited from

employers
1. Deduct, withhold or offset any amount from the salaries and
monetary benefits that correspond to the workers, without prior authorization
writing of these for each case, or without a judicial order, except for the
next:
a) Regarding salaries, deductions or withholdings can be made.
compensations in the cases authorized by the articles113150151152y400.
b). Cooperatives can order withholdings of up to fifty percent
(50%) of salaries and benefits, to cover their credits, in the manner and in the cases
in what the law authorizes them.
c) <INEXECUTABLE Literal>
Jurisprudence Validity

<Previous Legislation>

2. To force workers in any way to buy goods or provisions at

warehouses or suppliers established by the {employer}.
To demand or accept money from the worker as a gratuity for admission.
at work or for any other reason that relates to the conditions of it.
4. To limit or pressure in any way the workers in the exercise of their
right of association.
5. Imposing religious or political obligations on workers, or
to make it difficult for them or to prevent them from exercising their right to vote.
6. To make, authorize, or tolerate political propaganda in the workplace.
7. To conduct or allow all kinds of raffles, collections, or subscriptions in them.
sites.
8. To use in the certifications referred to in ordinal 7 of the article.57signs
conventional methods that tend to harm those interested, or adopt the system of
"blacklist", regardless of the modality they use, so that it is not used in
other companies to the workers who separate or are separated from the service.
9. Execute or authorize any act that violates or restricts the rights of the
workers or that offends their dignity.
Notes of Validity

<Editor’s notes>

Previous legislation

ARTICLE 60. PROHIBITIONS FOR WORKERS. Workers are prohibited from

workers:
Withdraw from the factory, workshop or establishment, the tools of work and materials
prizes or processed products. Without the employer's permission.
2. Arriving at work in a state of intoxication or under the influence of narcotics
or intoxicating drugs.
3. To keep any kind of weapons at the workplace, except for those that
with legal authorization, the guards may carry (D.2478/48).
4. Missing work without just cause for impediment or without permission from the {employer},
except in cases of strike, in which they must leave the workplace.
5. Intentionally slow down the work pace, suspend tasks,
promote abrupt suspensions of work or incite their declaration or
maintenance, whether or not you participate in it.
6. To hold collections, raffles and subscriptions or any kind of advertising in the
workplaces.
7. To restrict the freedom to work or not work, or to affiliate or not to a union
to stay in it or to withdraw.
8. Use the supplies or tools provided by the {employer} on objects
different from the contracted work.
Validity Notes

CHAPTER VI.
TERMINATION OF THE EMPLOYMENT CONTRACT.
ARTICLE 61. TERMINATION OF THE CONTRACT. <Article replaced by the
Article 5 of Law 50 of 1990. The new text is as follows:
1. The employment contract ends:
a). Due to the death of the worker;
b). By mutual consent;
c). By expiration of the agreed fixed term;
Jurisdiction Validity

d). Due to the completion of the contracted work or task;

e). For liquidation or definitive closure of the company or establishment;
f). Due to suspension of activities by the employer for more than one hundred
twenty (120) days;
g). By final judgment;
h). By unilateral decision in the cases of article 7, of Decree-Law 2351 of
1965, and 6th of this law;
Jurisdiction Validity
i). Because the worker did not return to their job, when the reasons for the
suspension of the contract.
2. In the cases referred to in paragraphs e) and f) of this article, the employer
you must request the corresponding permission from the Ministry of Labor and Security
Social and inform in writing your workers of this fact. The Ministry of
Labor and Social Security will resolve matters related to the permit within a period of
two (2) months. The unjustified failure to comply with this term will result in
responsible employee in the case of misconduct punishable according to the
current disciplinary regime.

SOCIAL BENEFITS

First of all, it must be specified that thesocial benefitsthey are an exclusive benefit
for people who are linked to a media companyaemployment contractthis
It means that the linked workers are [Link] aservice contract, no youI
right to any type of social benefits, and if the worker linked by this
figure, wishes to obtain the benefit of some social benefits [such as security
social], must assume its cost.
Well, regarding the concept or definition of social benefits, let the Court decide.
Supreme court in charge of this:
Social benefit is what the employer owes the worker in money, goods,
services or other benefits, by ministry of the law, or by having been agreed upon in
collective agreements or in collective pacts, or in the employment contract, or
established in theinternal work regulations, in arbitration awards or in any
unilateral act of the employer, to cover the risks or needs of the worker
that originate during the employment relationship or as a result of it. They
difference in salary that is not compensatory for the services rendered and of the
labor compensations that do not cover damages caused by the employer.
Supreme Court of Justice, Labor Cassation Chamber, Judgment of July 18 of
1985
From the previous definition, we conclude that first of all the benefitsdo not constitute
salary, and since they do not constitute salary, they are not part of the base on which it is paid
thesocial security, theparafiscal contributionsand naturally the same benefits
social
Social benefits are an additional benefit granted by law or the company to
worker, how is the service bonus, severance pay, interest on severance pay, the
extralegal primaries, the endowment, etc.
Within social benefits, although we commonly do not recognize them as such, there are
also includes the payments aimed at covering the eventual risks faced by the
worker in the development of labor activities, such as professional risks,
the payments for health and pension.

Salaries and Social Benefits - Legal Minimum - Year 2013 - Colombia

What are the minimum salaries and social benefits to which a Colombian Worker is entitled?
the year 2013?

response The what a continuation appear.

SALARIES

Salaries VALUE DEFINITION

Ordinary Working Day 48 hours

Minimum wage year
$589.500 weekly, 8 hours [Link]
[Link] 145CST.
50 of 1990, Art.20

MINIMUM WAGE PER DAY$19,650 Ordinary Workday Day 8 hours

MINIMUM WAGE Ordinary shift 6 a.m. to 10

2,456.25
ORDINARY TIME [Link] 789 of 2002, ARt. 25

MINIMUM WAGE Night shift 10 p.m. to 6 a.m.

NIGHT TIME Law $3,315.94 a.m. Ordinary Hour Value +35%
50 of 1990 Art. 24 surcharge

TRANSPORT ASSISTANCE

HELP VALUE DEFINITION

It is paid to those who earn up to $1,179,000 (2

MES $70,500
minimum wages month
 DAY $2.350 .

OVERTIME

OVERTIME VALUE DEFINITION

ORDINARY Law 50 of Regular Hour Value +25% of

1990 Article 24
$3.070,31
surcharge

NOCTURNA Law 50 of Ordinary hourly rate + 75%

$4,298.44
1990 Article 24 surcharge

Dominical and $4.912,50 Regular hourly rate + 75% for

ORDINARY HOLIDAY holiday +25% daytime surcharge

SUNDAY AND Hourly rate + 75% for

$6,140.63
NIGHT FESTIVAL holiday + 75% night surcharge

Sundays

SUNDAY AND
VALUE DEFINITION
HOLIDAY

If you work Basic Hour +75% of

Ordinary $4,298.44
surcharge

Basic hour + 75% holiday surcharge

NOCTURNA $5,158.13
35% night surcharge

VACATIONS

REST VALUE DEFINITION

Vacations 15 consecutive business days of

Provision paid vacation for each year of
 Art.186 monthly services
C.S.T.
$24.563

Benefits
At the employer's expense

Benefits VALUE DEFINITION

One month's salary for each

Severance pay
Monthly Provision year of services and
Article 249
$55,000 proportionally by
C.S.T
fractions of a year

Interests of Legal interests of 12%

Severance pay Provision annual on the value of the
Monthly $6,600 accumulated unemployment as of 31 of
Law 52 of 1975 December of each year

One month's salary payable

COUSIN per calendar semester
SERVICES Monthly Provision so: 15 days the last day of
$55,000 June and 15 days in the
Art. 306 C.S.T first 20 days of
December of each year

A pair of shoes and It is delivered to those who

PROVISION
a lab coat they earn up to $1,179,000
Law 11 of Deliveries like this: 30 of (2 minimum wages
1984,Art 7. April, August 31, 20 monthly). With more than 3
of December months of service.

Benefits
For third parties and parafiscal charges

PROVISION VALUE DEFINITION

HEALTH For minimum wage Since February 1, 2007

12.5%Circular No 101
Law 1122 of 2007 months ($73,800) MinProtection
 Article 10 $ 8.5%
50.200
$23,600

For minimum wage

PENSIONS Quotation: 16%.
$94,400 12%
Law 797 of
$70,800
2003Art.7 Decree 4982 of 2007
$23,600

INITIAL VALUE According to

Economic Activity
Risk I

INITIAL VALUE 0.522%

Minimum Wage Risk II:

RISKS 1.044%
Risk I: $3,100
PROFESSIONALS Risk III:
$ 6,200
Decree 1772 of 2.436%
$ 14,400
1994Art 13
Risk IV: $25,700 Risk IV:

Risk V: $41,100 4.350%

Risk V:
6.960%
Under the Employer's responsibility

CONTRIBUTION 3% ICBF They are known as contributions

parafiscal.
ICBF 2% SENA
With theLaw 1607 of 2012, art.
Law 89 of 1988 4% Boxes 25, at the latest by July 1
In charge of the In 2013, only 4% will be paid for
SENA
company. Compensation Boxes
Law 21 of 1982 Familiar, remaining exempt
Base: About the exceptionally contributions to
Boxes of payments that ICBF and SENA in the cases of
 Compensation constitute salary. workers who earn
Familiar up to 10 minimum wages
$ 53,100 [Link].
The exception does not apply to
natural persons that employ
fewer than 2 workers

It is paid for the

Boxes of
Compensation
Familiar in money
SUBSIDY to whom
Familiar they accrue up to Sum of money, payments in
$2,358,000 (4 species and in services, that
Law 21 of 1982 and
minimum wages pay the Compensation Fund
Law 789 of legal months Familiar to the worker
2002Art. 3
Resulting from
contribution that the
company makes to the
Boxes

CONTRACTS

Learn in a simple and clear way what you need to know about the most common types of contracts.
in the country and find out about the benefits that each of them has. All forms of
linkage is different and special according to what the employer requires, debunking the
general belief that one contract is better than another, simply its selection is governed by each
specific case.

Camilo Cuervo, labor lawyer at Cuberos, Cortés, Gutiérrez lawyers says, 'today to say that
There is no valid contract that is better than another; the best type of contract is the one that fits your needs.
need as an employer and just like what you need as a worker

These are the options that may be presented to you as a worker when linking you to
a company:

Fixed-Term Contract

This type of contract has a duration of between one day and three years and can be renewed up to
three times their stay. The employee enjoys all the social benefits established
by law (severance pay, vacation, and bonuses) and a 30-day notice is required for its termination
days. The payroll deductions for this type of contract are the same as those for any
employment contract(see article on legal discounts in labor contracts). The
linkage can be directly with the company or through third parties, known entities
as temporary.

Indefinite term contract

As its name indicates, this type of contract has a set termination date. The
The employee enjoys all the social benefits established by law and has benefits.
additional options such as linking to business cooperatives and special aids
according to each company; with the possibility to opt for credits and loans among others. The
discounts for this type of contract are the same as those for a fixed-term contract, plus
any other deduction authorized by the employee.

Work or Labor Contract

The contract is for a specific task and ends when the work is completed.
This type of linkage is characteristic of construction jobs and universities and colleges with
adjunct professors, who carry out their work once the academic period has ended. This
the contract is the same in terms of benefits and discounts as indefinite contracts and
defined, as it is an employment contract.

Civil contract for the provision of services

This type of contract is concluded bilaterally between a company and a person (natural or
legal) specialized in a specific task. The remuneration is agreed upon by the parties and
does not generate an employment relationship nor obligates the organization to pay social benefits. The
duration is likewise by mutual agreement depending on the work to be done. The employee receives
a salary from which only withholding tax is deducted. (See
Article on discounts in service provision contracts.

Apprenticeship contract

This type of contract is a special form of affiliation with a company and is focused on the
training of interns, where they receive academic and theoretical tools in an entity
authorized by a university or institute, with the sponsorship of a sponsoring company
provides the means for the practitioner to acquire systematic professional training in the trade.

The idea of this type of contract is learning and for the intern to be included in the world.
labor, the remuneration is called maintenance aid and depends completely on a
agreement between both parties, where the student has no social benefits. The value of the
remuneration depends on whether the intern is a university student or not; if they are a university student, they have the right
a salary that must be equal to or greater than the minimum and if the intern is not
The university will have a payment base of a salary below the minimum.

Occasional work contract

This contract must be longer than 30 days and must be for a specific task different from the
common activities of the Company. The worker receives the agreed remuneration and at
terminate has no right to any type of benefit, except in the case of an accident. The
the duration of the contract can be renewable without exceeding thirty days of the initial link.

Do not forget to take into account the characteristics of each contract when deciding on your affiliation.
work for a company and remember that each type of contract has its special benefits.