Payment by Judicial Deposit of Employee Benefits: A Guide for Employers
By: María Alejandra Almanza Núñez, attorney, Specialist in Labor and Social Security Law (Universidad Sergio Arboleda), Candidate for a Master's Degree in Labor Law, Labor Procedure, and Social Security (Universidad Externado de Colombia)
In the Colombian labor context, one of the most common challenges employers face when ending an employment relationship is the payment of outstanding employment entitlements. In some cases, the employee may be unreachable or may refuse to accept payment of their statutory benefits (prestaciones sociales), placing the employer in a difficult position—particularly given the risk of sanctions such as the moratory indemnification (indemnización moratoria) established under Article 65 of the Colombian Substantive Labor Code (Código Sustantivo del Trabajo).
This article aims to provide a practical, step-by-step guide on how employers in Colombia can fulfill their payment obligations through judicial deposit (pago por consignación)—a process that not only ensures legal compliance but also shields the company from potential penalties.
What Is Payment by Judicial Deposit?
Payment by judicial deposit is a legal mechanism under Colombian law that allows employers to deposit with a labor court the amounts owed to an employee when direct payment is not possible. This process is essential to avoid moratory indemnifications and other legal claims by the employee.
Steps for Making a Payment by Judicial Deposit
- Document the Impossibility of Direct Payment: Before proceeding with the deposit, employers are advised to document all efforts made to contact the employee, or the reasons why the employee has refused to accept payment. This documentation may include written notices, emails, and records of other contact attempts.
- Make the Deposit at Banco Agrario de Colombia: The employer must deposit the amounts owed at Banco Agrario de Colombia, specifying that the payment corresponds to outstanding employment entitlements. This can be done in person or through the bank's online platform. It is important to follow the specific instructions, including the use of the account number designated for this purpose.
- Submit the Judicial Deposit to the Labor Court: Once the deposit has been made, the funds must be placed at the disposal of a labor court (juez laboral). This step requires filing the relevant documents, including the deposit receipt, an authorization letter from the former employer, a copy of the employee's national ID card (cédula), and any other required legal documents.
- Notify the Employee: Finally, the employer must notify the employee of the deposit. This notice should include the amount deposited, the court holding the funds, and the instructions for the employee to claim their money.
The Importance of Following the Procedure Correctly
Strictly following each of the steps outlined above is essential to avoid sanctions and to protect the company against future claims. Doing so not only ensures compliance with employment obligations under Colombian law but also strengthens the employer's position in any subsequent litigation.
Conclusion
Payment by judicial deposit of employee benefits is an effective tool that allows employers in Colombia to meet their labor obligations even in situations where direct payment is not feasible. At Consejuridico, we are committed to supporting our clients through every step of this process, providing specialized legal advice to ensure full regulatory compliance and minimize legal risk.
If you need further information or personalized legal advice, do not hesitate to contact us. At Consejuridico, we are here to protect your business and ensure compliance with Colombian labor law.
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