Global Compliance – Colombia
Colombia: Upcoming Amendments to Working hours
In July of 2021, the Colombian Congress passed Law 2101 of 2021 (“Act”) to gradually reduce the Colombian standard work week from 48 to 42 hours. The reduction of work hours will take effect steadily over a period of time (between 2023 and 2026) wherein the third transition from 46 hours to 44 hours weekly shall become effective from July 15, 2025.
To facilitate a smooth transition to 42 hours, the reduction of the normal working day will be phased in over a period of 5 years, as outlined below:
- July 15, 2023: Maximum weekly work hours reduced to 47.
- July 15, 2024: Maximum weekly work hours reduced to 46.
- July 15, 2025: Maximum weekly work hours reduced to 44.
- July 16, 2026: Maximum weekly work hours reduced to 42.
Gradual Decrease in Weekly Working Hours
Currently, according to Article 161 of the Labor Code, the duration of normal working hour shall not exceed 8 hours a day or 46 hours in a week excluding overtime, which may be distributed, by mutual agreement, in either a 5 or 6 days’ work week.
Effective July 15, 2025, the duration of employee’s weekly working hours will be 8 hours a day or 44 hours a week, excluding overtime.
The reduction in normal working hours will not affect employees’ salaries or statutory and contractual benefits. However, this adjustment does not exempt employees from their existing work-related responsibilities. Also, the overtime premium rates remain unchanged, with a 25% premium for daytime overtime and a 75% premium for nighttime overtime.
Take away- Employers must take proactive steps to comply with this amendment and must review and update their payroll system, work schedules and policies at the earliest to align with the changes in the law.