Work Hours and Overtime in Colombia: How to Calculate and Claim Them
## The workweek in Colombia
The maximum ordinary workweek is 46 hours (article 161 of the Labor Code), spread over a maximum of 6 days. That works out to 8 hours a day over 6 days, or adjusted shifts if working fewer days.
Since 2021, Law 2101 began gradually reducing the workweek without cutting pay: - 2024: 47 hours a week - 2025: 46 hours a week - 2026: 44 hours a week
What counts as overtime?
Hours worked beyond the agreed ordinary shift. If your contract is for 8 hours a day and you work 10, the extra 2 are overtime.
Legal limit: A maximum of 2 overtime hours a day and 12 overtime hours a week.
Legal surcharges (2025)
| Type of hour | Surcharge |
|---|---|
| Daytime overtime (6 AM – 7 PM) | +25% of the regular rate |
| Nighttime overtime (7 PM – 6 AM) | +75% of the regular rate |
| Sunday daytime work (not habitual) | +100% of the regular rate |
| Sunday nighttime work (not habitual) | +150% of the regular rate |
| Holiday work | +100% of the regular rate |
How to calculate the value of an overtime hour
Step 1: Divide the monthly salary by 240 (ordinary hours in a month = 8h × 30 days) to get the value of a regular hour.
Step 2: Multiply by the applicable surcharge.
Example: Salary $2,400,000 COP - Regular hour: $2,400,000 ÷ 240 = $10,000 - Daytime overtime: $10,000 × 1.25 = $12,500 - Nighttime overtime: $10,000 × 1.75 = $17,500
The employer needs authorization to require overtime
Overtime is voluntary for the worker, unless the employer faces a qualifying emergency. The employer cannot punish a worker who refuses to work overtime.
Exception: if the contract sets a flexible schedule or the overtime is habitual and already compensated.
How to prove unpaid overtime
Evidence is key in any claim: - Emails sent outside working hours - WhatsApp messages with timestamps - System access logs (software, entry-control records) - Coworker witnesses - Call records outside working hours
Claiming overtime
Unpaid overtime expires after 3 years from when it became due. You can file a claim:
- Directly with the employer (in writing, which interrupts the limitation period)
- Before a Labor Inspector (free conciliation)
- Before a Labor Court (if no agreement is reached)
Does your employer regularly have you work overtime without paying for it? We can calculate what you're owed and guide you through the claim.
El asistente jurídico digital de Jurídiconline analiza tu situación específica. La revisión inicial es gratuita.
