Hire employees in Colombia

Low wages and modest annual leave requirements make Colombia an attractive hiring destination for international companies looking to grow their remote teams. With an average weekly working time of 48 hours, employees in Columbia are used to working more than employees in other countries and are generally known for their good work ethic. Although Columbia itself is lacking qualified workers, the country has attracted many highly skilled professionals from Venezuela in recent years.

Although verbal employment agreements are also possible, it is best practice to draft a written employment contract when hiring an employee in Colombia. Colombian labour law distinguishes between permanent and fixed-term employment contracts – the latter need to be in writing and must not be concluded for a period longer than three years (but renewable).

Employment contracts should include the following information:

• Identification of both parties

• Date of commencement (and employment duration for temporary contracts)

• Workplace

• Job description, duties and responsibilities

• Salary and benefits (if applicable, information on whether an integrated salary is paid)

• Working hours

• Total number of holidays

• Notice periods for employment termination

• Probation period

Probation Period

Probation periods for employees hired under a permanent contract should not exceed two months – one fifth of the employment duration for fixed-term contracts.

Working Hours and Breaks

An employee’s standard working week should not exceed 48 hours, i.e. eight hours per day over a six-day workweek. Every employee must have one day off per week which is usually Sunday but may be shifted to another day if detailed in the employment contract.

As of July 2023, the standard weekly working time will be reduced to 47 hours.

Overtime

Overtime work must not exceed two hours per day, i.e. twelve hours per week, and must be paid at a rate of at least 125% for daytime work and 175% for work at night or on public holidays.

Colombian law distinguishes between three different types of payment: minimum wage, ordinary salary (payments higher than the minimum wage which do not include any additional payments such as bonuses or other) and integrated salary (fixed monthly salary which is higher than ten times the minimum wage and set at a rate 30% higher than usual, thus including all additional payments such as bonuses).

Minimum Wage

In the beginning of 2023, the national minimum wage rose to COP 1.16 million per month. In addition, the employer has to pay a transportation/connectivity allowance equal to COP 140,606 if the employee earns less than twice the minimum wage.

Sick Pay

If an employee is unable to work because of sickness or injury, the employer is obligated to provide sick pay equal to the employee’s usual wages for the first two days of absence. Starting with the third day of sick leave, sick pay is covered by Social Security at a rate of 66.67%. However, payments are limited to 180 days.

Bonuses

Except for those earning an integrated salary, employees in Colombia are entitled to a 13th salary (Prima de Servicios) which is to be paid out in two installments, one in June and the other one in December.

Employees and employers in Colombia are subject to the following tax and social security contribution rates (last review February 2023):

Taxes

Employers

35%

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• 35% corporate tax rate

• 19% VAT (standard rate)

Employees

up to 39% *

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Individual income tax rates range from

19% to 39%

Social security

Employers

up to 38.2%

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• 8.5% health insurance

• 12% pension plan

• 4% or 9% payroll tax (depending on employee's income level) which go towards different social security funds

• Plus 0.348% - 8.7% for coverage against professional risks.

  Please note that social security contributions for integrated salaries are calculated based on 70% of the employee’s income.

Employees

up to 10%

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• 4% health insurance

• 4% pension plan

• 1% - 2% solidarity pension fund contribution (only on income exceeding 16 times the minimum wage)

Ce guide de pays est destiné à des fins d'information uniquement et ne doit pas être interprété comme un conseil juridique. Le contenu de ce guide contient des informations générales et malgré le fait que nous le mettions à jour régulièrement, il peut ne pas correspondre aux développements juridiques actuels. Lano Software GmbH décline toute responsabilité concernant les actions que vous entreprenez ou vous abstenez d'entreprendre sur la base du contenu de ce guide de pays.

Annual Leave

Colombian employees earn 15 days of paid annual leave per year. In addition, the country observes 18 public holidays on which employees are not required to work.

A new law is expected to enter into force which will increase the number of paid vacation days to 20 days per year.

Maternity Leave and Paternity Leave

Female employees can take 18 weeks of fully paid maternity leave which can start up to two weeks before birth. Payments are made by the employer who is later reimbursed by Social Security.

Fathers of newborn children can take 2 weeks of paternity leave, which is paid in the same way as maternity leave. It is also possible for fathers to share the last 6 weeks of the mother's maternity leave.

Parental Leave

Colombian labour law does not provide for further parental leave.

Additional Leaves and Benefits

In addition to the leave entitlements mentioned above, employees in Colombia are entitled to paid time off under the following circumstances:

• trade union leave

• voting leave

• bereavement leave (5 days)

• burial leave for co-workers

Both employees and employers can terminate the employment relationship at any given moment without having to respect a notice period. Recognised causes for employment termination include:

• death of employee

• employment termination by default, i.e. in case of a fixed-term contract

• gross misconduct

• invalidity

• collective dismissal (previous authorisation required)

• termination without a fair cause

The only time an employer has to give notice to his employee is when the concluded fixed-term contract is about to expire and no extension of the contract is intended. In this case, the notice period is 30 days.

Severance pay is required if the employee is dismissed without cause as well as in cases where the employee voluntarily ends the employment relationship. Its amount depends on the employee’s seniority and usual salary:

• 30 days of salary during the first year and 20 days of salary for every year thereafter – employees earning less than ten times the minimum wage

• 20 days of salary during the first year and 15 days of salary for every year thereafter – employees earning more than ten times the minimum wage

• severance pay equal to any outstanding payments until the initially agreed end date for employees hired under a fixed-term employment contract

As there is no unemployment insurance in Colombia, employers must transfer an annual amount equal to one month’s salary (Cesantías) to a special fund for this purpose, which is paid out to the employee under special circumstances – including a 12% interest rate. However, this only applies to employees who do not receive an integrated salary.