Littler Global Guide - Colombia - Q4 2018

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q4 2018 Global Guide Quarterly updates   Download full Q4 2018 Global Guide Quarterly

Registration of Foreign Employees

New Order or Decree

Author: Diego Chaparro, Associate — Littler Colombia

On October 9, 2018, the Ministry of Labor issued Order 4386, implementing an institutional record for all foreign employees hired in Colombia. All employers must register every foreign employee on the RUTEC online platform within 120 days of the date of enactment of this order or date of hire (going forward). Additionally, employers must notify when an employment agreement ends within 30 calendar days of the termination. Failure to register foreign hires or terminations is subject to a fine ranging from $250 USD up to $1.3 million USD.

Increases to Minimum Wage and Transportation Allowance

New Order or Decree

Author: Diego Chaparro, Associate — Littler Colombia

On December 20, 2018, the three parties (government, employers and employees) reached an agreement to increase the minimum legal wage by 6% for 2019 and the transportation allowance by 10% for 2019. Accordingly, as of January 1, 2019, the minimum legal wage in Colombia is $828,116.52 COP and the legal transportation allowance is $97.032 COP, representing a grand total of $925,148.52 COP, which is above the projected inflation for 2018. Additionally, also as of January 1, the integral salary increased to $10,765,514.76 COP.

Proposed Bill Seeks to Expand Maternity Leave and Pregnancy Protection

Proposed Bill or Initiative

Author: Diego Chaparro, Associate — Littler Colombia

On November 6, 2018, Congress approved a bill that, if enacted, would increase the maternity leave to up to 52 weeks whenever the newborn has a medical condition requiring continuous medical observation. The bill also looks to protect a pregnant woman from dismissal during the entire pregnancy and 12 months after the child’s birth, and allow female employees to leave one hour early every day for the first six months of the newborn’s life. This bill may be enacted during the first semester of 2019.

All Companies Must Have the Occupational Safety and Health Management System Completely Running by April 2019

Upcoming Deadline for Legal Compliance

Author: Diego Chaparro, Associate — Littler Colombia

The Ministry of Labor issued a statement reminding all employers to implement the Occupational Safety and Health Management System (SG-SST). This legal requirement must be fully implemented before April 2019. As of April 2019, the Ministry of Labor will start the control and surveillance phase. As a reminder, the implementation of the system in stages is as follows: Initial evaluation (deadline: June-August 2017); improvement plan (deadline: September-December 2017); implementation of the SGSST (deadline: January-December 2018); monitoring and improvement plan (deadline: January-March 2019); and surveillance and control (commences in April 2019).

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.