Colombia's 2025 Labor Reform: Key Changes for Employers and Employees
Background to the Reform
Colombia's 2025 Labor Reform Law introduced significant changes to the country's labor legislation, with the stated goal of expanding formal employment and narrowing the gap in rights between formal and informal workers.
This is a practical guide to understanding the most important changes.
Night Shift Surcharge: New Hours
Previously: The night shift surcharge (an additional 35%) applied between 10 PM and 6 AM. Under the reform: The night shift period now begins at 7 PM.
Practical impact: Workers whose shifts end between 7 PM and 10 PM are now entitled to the night shift surcharge. For employers, this translates into higher payroll costs for employees working evening shifts.
Sunday and Holiday Work
The reform establishes that non-habitual Sunday and holiday work is compensated at a 100% surcharge (double pay), while habitual Sunday work carries a 75% surcharge.
Workers who regularly work on Sundays must be granted compensatory rest on another day of the week.
Reinforced Occupational Stability
The reform expanded the categories of workers entitled to reinforced job stability (i.e., workers who cannot be dismissed without prior authorization from the Ministry of Labor): - Employees with more than 15 years of service with the same company - Workers who are pregnant or breastfeeding (already recognized; now broadened) - Individuals diagnosed with chronic illnesses - Workers affiliated with trade unions engaged in collective bargaining processes
Part-Time Employment Contracts
The reform establishes clearer rules for part-time employment contracts (covering work schedules below the standard 46-hour workweek): - Must be executed in writing - Must specify the number of weekly hours - Part-time workers are entitled to all statutory benefits on a pro-rata basis relative to their working hours
SENA Apprenticeship Contracts
The changes to the apprenticeship contract (contrato de aprendizaje) are particularly relevant for companies with more than 15 employees: - The required apprentice ratio is now 1 apprentice for every 15 workers (previously 1 for every 20) - The monetization option — whereby companies pay SENA (Colombia's national vocational training service) instead of directly hiring apprentices — is subject to updated fee schedules
Digital Work Platforms
One of the most novel aspects of the reform: it establishes a presumption of an employment relationship for workers on digital platforms (delivery apps, ridesharing, and on-demand services) when: - The platform unilaterally sets the price - There is de facto exclusivity - The platform controls the worker's performance evaluation and access to the app
This provision has sparked widespread debate regarding its impact on platforms such as Rappi, Uber, and similar services.
Implications for Employers
Companies should review the following: 1. Payroll for evening shifts (surcharge applies from 7 PM onward) 2. Tracking of Sunday and holiday work 3. SENA apprentice quota compliance 4. Classification of workers engaged through proprietary digital platforms
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