The Labor Reform in Colombia and the Measures Companies Must Adopt

The new Labor Reform Project, presented on August 24, 2023, introduces a series of significant changes in labor relations. The reform aims to strengthen job security and employment formalization in the country.

In this reform, it is established that the night shift will start from 7 p.m. instead of 9 p.m. as it is at present. Therefore, daytime work is the one performed between six in the morning (6:00 a.m.) and seven in the evening (7:00 p.m.), while nighttime work is that which occurs between seven in the evening (7:00 p.m.) and six in the morning of the following day (6:00 a.m.).

Likewise, Sunday and holiday surcharges will not be 75 percent but 100 percent, and their implementation will be gradual. Permanent employment contracts will be the general rule, although fixed-term, task-specific, or labor-specific contracts can still be used; these and other topics are currently under discussion.

If the entire content is approved, it will take effect in 2024, posing a challenge for companies that will need to adapt their processes and work structures to comply with it.

In addition, in Colombia, as of July 15, 2023, Law 2101 of July 15, 2021 came into effect, reducing the maximum legal workweek from 48 to 42 hours without reducing salaries or affecting workers’ acquired rights.

The 42-hour workweek can be distributed by mutual agreement between the employer and the employee over 5 or 6 days a week, always ensuring a day of rest.

The reduction in working hours exempts companies from allocating two hours per week for recreational, cultural, sports, or training activities.

The current regulated daily working hours are 47, and it will be reduced to 46 on July 15, 2024, and gradually decrease each year until reaching 42.

Recommendations and Measures for Companies

To address this challenge, companies must adopt several measures, including the following:

1. Review Work Processes: Companies should analyze their work processes to identify tasks that can be automated or outsourced. Automation can reduce time spent on repetitive tasks, while outsourcing can free up internal resources for more strategic work.

2. Promote Work Flexibility: The labor reform allows companies to offer part-time work, telecommuting, or flexible work schedules to employees. These options help employees balance their work and personal lives, increasing satisfaction and productivity.

3. Invest in Training: Training is an investment that can help companies reduce working hours without affecting productivity. Well-trained employees are more efficient and can complete complex tasks in less time.

In conclusion, the labor reform in Colombia presents a challenge for companies, and they must adapt to the changes in labor relations. The suggested measures shared in this article can help companies face this challenge and comply with the new labor legislation that is yet to be passed.

Seeking expert advice on these changes in labor laws in Colombia in advance will always be your best investment.