Worker Rights in Colombia 2025: What Every Employee and Employer Must Know

What are worker rights in Colombia and why have they changed in 2025?

Worker rights in Colombia are the set of minimum and non-waivable guarantees that the law recognizes for every person who provides personal services under subordination in exchange for a salary. Articles 25 and 53 of Colombia's 1991 Political Constitution enshrine the right to work in dignified and fair conditions, ordering the State to guarantee stability, equal opportunity, and special protection for certain groups. In 2025, these rights have undergone profound transformations thanks to Law 2466 of 2025 —the most significant labor reform in a decade— and the culmination of the workweek reduction mandated by Law 2101 of 2021.

Understanding these changes is not just a matter of legal compliance: it is a strategic tool for employers seeking to avoid costly penalties and for workers needing to enforce their guarantees. Below, we explain the core of these rights and why proper application requires specialized legal counsel.

Current regulatory framework in 2025

The system of worker rights in Colombia rests on several normative sources that every labor law professional must master:

• Substantive Labor Code (CST): the backbone of Colombian labor law. Articles 22 and 23 define the employment contract; articles 45 through 47 govern contractual modalities; article 64 sets indemnification for unjust dismissal; and article 65 establishes moratory indemnification for unpaid salaries and benefits.
• Political Constitution: articles 25 (right to work), 53 (minimum fundamental principles), and 48 (social security), among others.
• Law 2466 of 2025: amended articles 160 and 179 of the CST. It moved the start of the night shift to 7:00 p.m. and progressively raised the Sunday and holiday surcharge: 80 % as of July 2025, 90 % as of July 2026, and 100 % as of July 2027.
• Law 2101 of 2021: gradual reduction of the maximum weekly workweek to 42 hours, without salary reduction. The final phase expires on July 15, 2026.
• Law 1010 of 2006: defines, prevents, and sanctions workplace harassment, requiring companies to have a Workplace Coexistence Committee.

For a deeper look, see our analysis on the Colombia labor reform 2025 which explores how these changes affect the 4-day workweek debate.

Why knowing these rights matters in 2025

Colombia's labor landscape is in full transformation. The 2025 labor reform not only changed schedules and surcharges: it also raised the cost of dismissal, stiffened penalties for non-compliance with social benefits, and reinforced protection mechanisms against harassment and discrimination. For workers, knowing their worker rights in Colombia is the first line of defense against abuses such as non-affiliation to the social security system, refusal to pay overtime, or disregard for mandatory social benefits like severance pay (CST art. 249), service bonus (CST art. 306), and vacation leave (CST art. 186).

For employers, ignorance of these rights can translate into million-peso lawsuits. The moratory indemnification under CST article 65 —one day's salary for each day of delay in paying benefits— can quickly exceed the original debt if not handled diligently.

We also recommend reviewing the Colombia pension 2025 article to understand how pension reforms intersect with your labor obligations this year.

General overview of the claims process

Enforcing worker rights in Colombia follows a general route that depends on the nature of the right violated. When it comes to salaries, benefits, or indemnities, the worker may initiate proceedings before the ordinary labor jurisdiction. In cases of workplace harassment (Law 1010 of 2006), the first step is to approach the company's Workplace Coexistence Committee and, if unsuccessful, file a complaint with the Ministry of Labor.

Colombian labor law is not static: each case has nuances depending on the type of contract (fixed-term, indefinite, task-based), the salary (ordinary or comprehensive), the size of the employer, and the exact moment the violation occurred. Liquidations must be calculated based on the last monthly salary or the average of the previous year if variable, and severance pay must be deposited with a fund manager before February 15 of each year (Law 50 of 1990). Interest on severance (Law 52 of 1975) must be paid to the worker by January 31.

We do not provide a step-by-step guide here because each situation demands a tailored analysis. What we can affirm is that experienced labor counsel makes the difference between recovering what is legally due and losing rights due to procedural or calculation errors.

Common mistakes by workers and employers

Having advised hundreds of clients in Medellín and across the country, these are the most frequent mistakes we observe regarding worker rights in Colombia:

1. Signing a "comprehensive salary" without meeting legal requirements

Many companies offer a comprehensive salary below 10 minimum wages. The CST requires a comprehensive salary to be at least 10 minimum wages plus a 30 % benefit factor. Agreeing to it below that threshold is illegal, and the worker may claim the social benefits it purported to absorb.

2. Failing to document workplace harassment

Resigning alleging workplace harassment without having gathered solid evidence —emails, witness statements, committee minutes— makes it extremely difficult to claim compensation for constructive dismissal. Law 1010 of 2006 requires the conduct to be persistent and demonstrable; an isolated incident does not constitute harassment.

3. Applying the old night shift and Sunday surcharge rules

Law 2466 of 2025 changed the start of the night shift to 7:00 p.m. (previously 9:00 p.m.) and raised the Sunday surcharge to 80 % as of July 2025. Many employers still calculate using the old 75 % rule, exposing themselves to retroactive claims.

4. Not depositing severance pay before February 15

Law 50 of 1990 requires the employer to deposit severance pay with a fund manager before February 15 each year. Non-compliance triggers a penalty of one day's salary for each day of delay, which can quickly accumulate to significant amounts.

5. Mistaking a verbal contract for a non-existent employment relationship

CST articles 37 and 38 allow verbal contracts. If the three essential elements are present (personal service, subordination, and salary), the contract exists even without a written document. Many employers assume that if there is no paper, there are no obligations — this is an error that case law has consistently corrected.

Frequently Asked Questions (FAQ)

1. What is the maximum weekly workweek in Colombia in 2025?

Thanks to Law 2101 of 2021, the maximum workweek is gradually being reduced to 42 hours. Although the final phase expires on July 15, 2026, many companies already operate with reduced hours as of 2025. It is important to verify implementation status in each case, as the reduction cannot imply a salary decrease.

2. What changed with Law 2466 of 2025 regarding Sunday surcharges?

The reform raised the Sunday and holiday surcharge from 75 % to 80 % as of July 1, 2025, to 90 % as of July 1, 2026, and to 100 % as of July 1, 2027. Additionally, the night shift now begins at 7:00 p.m., extending the hours subject to the 35 % night surcharge.

3. Can I resign and receive compensation if I suffer workplace harassment?

Yes. Proven workplace harassment can constitute just cause for resignation with the right to compensation, a figure known as constructive dismissal. However, the burden of proof falls on the worker, so it is essential to document each episode and exhaust the company's internal mechanisms.

4. Which social benefits are non-waivable?

All of them. Severance pay (CST art. 249), interest on severance (Law 52 of 1975), the service bonus (CST art. 306), and vacation leave (CST art. 186) are non-waivable rights. Any agreement that attempts to suppress them is void. Only a properly constituted comprehensive salary legally absorbs them.

Have questions? Contact us for a personalized consultation.