What to Do If You Were Dismissed Without Just Cause in Colombia

Being let go without prior notice creates uncertainty, especially when no valid reason justified the decision. The good news is that Colombian law protects employees in these situations. If you are wondering what to do when you have been dismissed without just cause, this guide explains your rights, how to calculate your severance pay, and the concrete steps to file a claim.

What Is a Dismissal Without Just Cause?

A dismissal without just cause in Colombia occurs when an employer terminates an employment contract without invoking any of the grounds set out in Article 62 of the Substantive Labor Code (Código Sustantivo del Trabajo — CST).

Valid just causes include, for example:

• Deceiving the employer through false certificates at the time of hiring.
• Serious acts of violence or insubordination.
• Repeated and serious breaches of the employee's job duties.
• Duly documented poor performance.

If your employer terminates your contract without invoking or proving any of these grounds, the dismissal is considered unjustified and, by law, the employer must pay you severance compensation.

> Important: An employer cannot rely on a just cause other than the one communicated to you in writing at the time of dismissal.

When Does Severance Pay for Unjustified Dismissal Apply?

Severance pay for unjustified dismissal applies whenever the contract is terminated by a unilateral decision of the employer without proven just cause. It applies to:

• Fixed-term contracts: you are entitled to the equivalent of the salaries corresponding to the months remaining until the agreed termination date.
• Indefinite-term contracts: calculated based on your salary and length of service.
• Contracts for a specific project or task: equivalent to the salaries for the time remaining to complete the project (minimum 15 days).

How It Is Calculated (Indefinite-Term Contract)

For employees earning less than 10 times the statutory minimum monthly wage (SMMLV):

• 30 days of salary for the first year of service.
• 20 additional days of salary for each subsequent year, and proportionally for any partial year.

For employees earning 10 or more times the SMMLV:

• 20 days of salary for the first year.
• 15 additional days for each subsequent year, and proportionally for any partial year.

Practical example: An employee earning COP $2,000,000 per month with 3 years of service would receive 30 days (first year) + 40 days (two additional years at 20 days each) = 70 days of severance pay, approximately COP $4,666,000.

Practical Steps If You Were Dismissed Without Just Cause

1. Request the Dismissal Letter in Writing Demand a written document stating the termination and the reason given. This will be key evidence in any subsequent claim.

2. Gather Your Employment Documents - Your employment contract. - Pay stubs (for the last several months). - Records of working hours, emails, or messages that prove your employment relationship and job functions.

3. Verify That You Receive Full Settlement Payment In addition to severance pay, you are entitled to: - Any outstanding wages. - Severance fund contributions (cesantías) and interest thereon. - Prorated service bonus (prima de servicios). - Accrued unused vacation time.

4. Check Whether You Have Enhanced Job Protection If at the time of dismissal you were on medical leave, pregnant, on licensed leave, or held a union representative position, the dismissal may be legally ineffective, entitling you to reinstatement rather than — or in addition to — severance pay.

5. Attempt a Direct Settlement or Conciliation You may request a conciliation hearing before the Ministry of Labor (Ministerio de Trabajo) or an authorized conciliation center. The process is free of charge and may resolve the dispute without the need for litigation.

6. File a Labor Claim If No Agreement Is Reached If your employer refuses to pay, you may bring an action before the ordinary labor courts. You have 3 years from the date of dismissal to assert your claims (the statute of limitations for labor rights under Colombian law).

Consequences of Failing to Act in Time

Many employees lose money because they are unaware of their rights or allow deadlines to lapse:

• Statute of limitations: after 3 years, you will no longer be able to claim your entitlements.
• Disguised resignations: some employers pressure employees into signing voluntary resignation letters that waive the right to severance pay. Do not sign under pressure.
• Incomplete settlements: accepting a partial payment without reviewing the figures may cause you to forfeit significant amounts.

Acting promptly and with proper legal advice significantly increases your chances of receiving everything the law entitles you to.

Do You Need Help from a Labor Attorney in Bogotá?

Every case is different, and the calculation of severance pay depends on your type of contract, salary, and length of service. Guidance from a labor attorney in Bogotá allows you to assert your rights with confidence and avoid agreements that could work against you.

At Consejurídico S.A.S., we understand how important it is to defend your labor rights. If you would like immediate initial guidance on your dismissal, you can consult Jurídiconline, our digital legal assistant, available to answer your questions and help you take the first step toward resolving your situation.

👉 Visit Jurídiconline and find out what options are available based on your specific circumstances.

Juri, our AI legal assistant, analyzes your specific situation. The initial review is free.