What are the standard working hours in Colombia?

In Colombia, the maximum working hours are 48 hours per week. These hours are set to be progressively reduced starting from July 2023:

• As of July 2023, the maximum working hours are 47 per week.
• As of July 2024, the maximum working hours are 46 per week.
• Beginning July 2025, the maximum working hours are 44 per week.
• Beginning July 2026, the maximum working hours are 42 per week.

It is important to note that this reduction in working hours does not imply a salary reduction, nor may it affect the acquired rights of employees.

Working hours are divided into two categories:

• Daytime work: work performed between 6:00 a.m. and 10:00 p.m.
• Night-time work: work performed between 10:00 p.m. and 6:00 a.m. Night-time work is compensated at a rate of 35% higher than the employee's regular daytime hourly rate.

Is overtime governed by law in Colombia? If so, what are the specifics outlined by law?

In Colombia, overtime is governed by law. Ordinary employees are subject to a maximum working hour limitation, and they are entitled to overtime payment if their work exceeds the maximum hours per week. Employers must obtain authorization from the Ministry of Labor to schedule overtime. Additionally, employers are required to maintain a record book that includes:

• The employee's name.
• The number of hours of authorized overtime work.
• Whether the overtime hours are daytime or nighttime.
• The base salary for the overtime work.

Overtime work is limited to a maximum of 2 hours per day and 12 hours per week.

The statutory surcharges for overtime in Colombia are as follows:

• 25% for daytime overtime.
• 75% for nighttime overtime.

How is overtime payment calculated in Colombia?

In Colombia, the calculation of overtime payment is as follows:

• Daytime Overtime (6:00 a.m. to 9:00 p.m.): Compensated with an additional 25% on top of the supported employee's regular daytime hourly rate.

• Nighttime Overtime (9:00 p.m. to 6:00 a.m.): Compensated with an additional 75% on top of the supported employee's regular daytime hourly rate.

• Work on Sundays or National Holidays: Compensated with an additional 75% on top of the supported employee's regular daytime hourly rate.

Additionally, regular nighttime work performed between 10:00 p.m. and 6:00 a.m. should be compensated at a rate 35% higher than the supported employee's regular daytime hourly rate.

How is the time off in lieu payment calculated in Colombia?

The concept of "time off in lieu" does not exist in Colombia.

What are the eligibility rules for time off in lieu in Colombia?

The concept of time off in lieu does not exist in Colombia.

How many days before the actual start date should the employment agreement be signed for payroll purposes in Colombia?

For payroll purposes in Colombia, it is suggested to sign the employment agreement at least 2 business days before the effective date. However, regardless of this suggestion, the agreement can still be signed even 1 day before the effective date.

Additionally, the enrollment to the social security system entities must be completed at least 24 hours in advance of the effective start date. This is because the Labor Management Risk Company (ARL) activates its coverage 24 hours after the enrollment. It is important to also consider the payroll deadlines; for instance, if the payroll deadline is on June 1, the employment agreement cannot be signed on June 2.

Can employment agreements be backdated in Colombia?

In Colombia, employment agreements and benefits cannot be backdated. The commencement date of employment and the associated benefits must align with the actual start date without any retroactive adjustments.