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Introduction
Colombia, a country in northwestern parts of South America, boasts a flourishing economy and robust infrastructure. The employment rate in this country stood at 49.79% in 2020.
Currently, Colombia's GDP is 7087.11 USD, which is predicted to hit 8325.49 USD by 2028. It also ranked 66 in the Global Innovation Index 2023, which reflects its capacity to convert innovation investments to outputs.
As an employer expanding into a foreign country, you must be acquainted with the local laws. Colombian labor laws are well structured to suit the country’s needs.
These laws are mandated by the Substantial Labor Code of 2011, which was amended in 2021. This document gives an overview of hiring laws in the country, its leave policies, mandatory benefits, and other employment-related aspects.
However, compliance with labor laws can be a challenge, especially when establishing a presence internationally. This is where an EOR helps. Here’s an introductory guide on leave policy in Colombia, outlining all employee leaves and benefits.
Adoption Leave in Colombia
Employees can avail of adoption leave in Colombia. In this context, employers must take note of the following:
- The employment leave policy in Colombia grants employees up to 6 weeks of paid adoption leave.
- Employers must pay their employees regular wages on adoption leave.
- All other provisions given to biological parents are also given to adoptive parents.
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Earned Leave in Colombia
The 2011 Substantial Labor Code guides leave policies in Colombia. Chapter 4 mentions the details of annual or earned leave in Colombia.
- An employee in Colombia must get 15 paid annual leaves after completing one service year.
- It is calculated as one and two-thirds leave per month.
- If a private organization-based employee is suffering from tuberculosis or works in an X-ray application, then they are entitled to 30 paid annual leaves.
- If an employee’s contract is terminated or they cease to work before enjoying their full annual leave, then the employer must provide proportional monetary compensation for the actual working time.
- If the vacation time is justifiably interrupted, then the employee has the right to resume them.
Maternity Leave in Colombia
The 2011 Substantial Labor Code also provides guidelines regarding maternity leave in Colombia. Here are its details:
- All pregnant women in Colombia are entitled to 18 weeks of fully paid leave.
- The leaves are usually divided into two parts — 7 days before the due date and the remaining after the due date.
- To sanction the leaves, the employee must provide their employer with a medical certificate with details like pregnancy status, probable due date, and probable leave days.
- There are two additional weeks of leave for mothers giving birth to multiple children.
Parental Leave in Colombia
The introduction of shared parental leave in Colombia is still under recommendation and has not yet been sanctioned by Colombian labor laws.
Paternity Leave in Colombia
Every expecting father in the country is entitled to paid paternity leave. Chapter 5, Article 236 of the Substantial Labor Code, 2011, details paternity leave in Colombia.
- Every employee in Colombia is eligible for 14 fully paid paternity leave.
- This payment is supported by the Civil Birth Registry. It must be submitted to the EPS by the employee within 30 days.
Public Holidays in Colombia
Public holidays in Colombia for the employees are:
- New Years Day
- Adoration of the Magi
- Saint Joseph's Day
- Maundy Thursday
- Good Friday
- Labor Day / May Day
- Ascension Day
- Corpus Christi
- Sacred Heart
- Feast of Saint Peter & Saint Paul
- Independence Day
- Battle of Boyacá Day
- Assumption of Mary
- Columbus Day
- All Saints' Day
- Independence of Cartagena
- Feast of the Immaculate Conception
- Christmas Day
Sick Leave Policy in Colombia
The sick leave policy in Colombia states that:
- Employees get 180 sick leave days a year, provided it is a non-occupational disease.
- These are paid leaves, and an employee must provide a verified Colombian Social Security authority document stating that they can not work.
- The sick leave pay details are as follows:
- Initial 90 days: 2/3rd or 66.67% wages.
- Remaining sick leave days: 50% wages.
- These payments are made via the state social security system.
- For injuries and diseases related to an employee’s occupation, they are entitled to 100% wages.
Unpaid Leave in Colombia
Other than paid leaves, Colombian employees are entitled to unpaid leaves, subject to the approval of their employer.
Some other leaves include:
Other leaves
Compassionate leaves
- According to Colombian employment laws, five compassionate or bereavement leaves are given to an employee.
- It can be availed for the death of their spouse, children, parents, siblings, grandchildren, grandparents, or in-laws.
- An official document must be provided by the employee from a competent authority within 30 days of the event.
Voting leaves
- An employee is entitled to half-day paid leave to vote in elections.
- An employee must provide a voting certificate for leave sanction.
Carry forward leaves
- The Colombian government allows the carry forward of leaves.
- As per the employment leave policy in Colombia, an employee should take at least six leaves in a year out of the 15 annual leaves.
- The remaining leaves will be carried forward next year under the company’s agreement.
- Both the employee and the employer can modify the agreement.
- These leaves can be accumulated for at most two years.
- The accumulation can be at most four years for specific employees like technicians, foreign workers, skilled workers, and managers.
Easily Navigate the Leave Policy in Colombia With Skuad
Colombia has a robust labor market, with strict local laws governing employee leave policies and benefits. Skuad EOR helps you to hire anyone, pay anywhere, and be locally compliant in 160+ countries, including Colombia.
With Skuad, expanding into Colombia is a cakewalk because we handle your burdens of HR operations, hiring, and payroll.
By partnering with us, you can get 24-hour support from our dedicated experts. Our team works with you to employ global talent without establishing any subsidiary.
With us, you can streamline hiring cost calculations, issue work-related devices, collect relevant employee documents, and much more!
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FAQs
Q1: How many vacation days do you get in Colombia?
A1: Employees in Colombia get 15 days of paid vacation leave per year. Any private employee engaged in activities like x-ray application or tuberculosis fighting is entitled to 30 paid vacation leaves a year.
Q2: What is the notice period in Colombia?
A2: Notice periods are mandatory as per Colombian employment laws. For employees with fixed or indefinite-term contracts, the notice period is 1 month.
Q3: What are the working rights in Colombia?
A3: The 2011 Substantial Labor Code outlines working rights in Colombia. It states that employees can work only 48 hours a week (8 hours a day), and the employer must provide one mandatory rest day a week. Employees are also entitled to overtime pay, which varies between 125% and 175% of the standard hourly work rate. Furthermore, the employee leave policy in Colombia makes it mandatory to provide public holidays and other leaves sanctioned by the LC.
Q4: How many days a week do Colombians work?
A4: According to Colombian employment laws, employees work six days or less. It is mandatory to provide all employees with at least 1 rest day per week.
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