REDUCTION OF WORKING HOURS IN COLOMBIA

On July 15, the project to reduce the maximum weekly working hours will come into force, which responds to the entry into force of Law 2101 of 2021. This law allows Colombia to approach the recommendations provided by the International Labour Organization, with the purpose of strengthening productivity in companies, improving the qualification and skills of workers.

This reduction of working hours seeks to a establish a maximum working time of 42 hours a week, however it will be reduced gradually as follows:

  • On July 15th 2023, one hour, this means it will be possible to work up to 47 hours a week.
  • By the year 2024, one hour, this means it will be possible to work up to 46 hours a week.
  • By the year 2025, two hours, this means it will be possible to work up to 44 hours a week.
  • By the year 2026, two hours, this means it will be possible to work up to 42 hours a week.

The Ministry of Labor has been emphatic to state that the reduction of working hours does not does not mean a reduction in salary or benefits received by workers, nor it exonerates employers of their obligations originated in the contractual relations. Therefore, employers must respect the rights and guarantees of the workers, under penalty of the applicable sanctions for non-compliance.

What are the exceptions to the application of the rule?

  • Work that is especially dangerous or unhealthy.
  • Adolescents authorized by the Ministry of Labor to work shall be subject to the rules included in the law.
  • Temporary or indefinite agreements between the worker and the employer, for the organization of work shifts, as long as it does not exceed six (6) hours a day and thirty-six (36) a week;
  • Agreements between the worker and the employer, so that the forty-two (42) hour work week is carried out by means of flexible daily work shifts.