Littler Global Guide - Colombia - Q4 2021

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 2021 Global Guide Quarterly updates   Download full Q4 2021 Global Guide Quarterly

New Law Establishes New Working Hours

New Legislation Enacted

Authors: Laura María Pacheco, Associate, and Daniela Silva, Associate – Godoy Córdoba | Littler

Law 2101 of 2021 was enacted to reduce the workweek in Colombia, to a maximum of 42 hours per week, which may be distributed by mutual agreement between the employer and the employee in five or six days per week, guaranteeing a day of rest. The Law will be implemented gradually, through five years, as follows: (i) After two years of the law coming into force, the work week will be reduced by one hour, resulting in 47 hours. After three years, the work week will be reduced by one hour, resulting in 46 hours. On the fourth year, two additional hours will be reduced, resulting in 44 hours per week. On the fifth year, the resulting number of weekly work hours will be 42.

Parental Leave, Shared Parental Leave and Extended Paternity Leave

New Legislation Enacted

Authors: Laura María Pacheco, Associate, and Daniela Silva, Associate – Godoy Córdoba | Littler

Law 2114 of 2021 established the “flexible part-time parental leave” and “shared parental leave,” and extended the paternity leave in Colombia. Under the shared parental leave program, parents may freely distribute the last six weeks of maternity leave among themselves, as long as they comply with the conditions set forth in the law. Under the flexible part-time parental leave, the mother and/or father may opt for a flexible part-time parental leave, in which they may exchange a determined period of their maternity or paternity leave for a period of part-time work, equivalent to double the time corresponding to the selected period of time. The law also extended the paternity leave in Colombia from eight days to two weeks.

Remote Work Regime

New Legislation Enacted

Authors: Laura María Pacheco, Associate, and Daniela Silva, Associate – Godoy Córdoba | Littler

With Law 2121 of 2021, the Colombian congress legalized the remote work regime. The law, in part, establishes that the employment contract can be performed through remote work throughout the entire employment relationship by means of the use of telecommunication technologies.

Gender Equality in Employment

New Legislation Enacted

Authors: Laura María Pacheco, Associate, and Daniela Silva, Associate – Godoy Córdoba | Littler

Law 2117 of 2021 establishes policies to strengthen and promote women's equality regarding their access to employment and education in economic sectors where they have historically had low participation. Specifically, in order to promote and strengthen women´s access to work and income generation on equal terms, the Law charges the national government with the duty to develop programs that ensure the nondiscrimination of women in the workplace and the respect of the labor principle of “equal pay for equal work.” Further, the government must promote and design job training programs for women, and provide technological, organizational, and managerial support to micro, small, and medium-sized enterprises run by women and those that employ mostly female employees.

New Labor Stability for Parents

New Legislation Enacted

Authors: Laura María Pacheco, Associate, and Daniela Silva, Associate – Godoy Córdoba | Littler

Law 2141 of 2021 in part amended the Colombian Labor Code concerning labor stability for parents. Specifically, the law prohibits the termination of the employment contract of any employee whose spouse or partner is pregnant or within 18 weeks after childbirth and is not formally employed. Dismissal will only be allowed after being granted authorization by the labor inspector. The prohibition to terminate the contract is triggered by the employer being notified of the pregnancy status of the employee´s spouse or partner. The employee will have up to one month to provide proof of his wife's or partner's pregnancy.

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.