Working day in Colombia is reduced by one hour: questions and answers about the law - Personal Finance

The time has come. Workers in Colombia will work one hour less: the workday it will go from 48 to 47 hours a week.

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In a staggered manner, working hours in the country will be reduced to 42 hours. This is how 47 hours a week will be worked in 2023; 46, in 2024; 44, in 2025; and 42, in 2026.

Will the salary of workers in Colombia be reduced?

No, the salary of the workers will not be reduced. Law 2101 of 2021 guarantees the rights for all types of workers. This means that their salary cannot be reduced and they will have to be paid the corresponding overtime.

How many days will a worker rest in Colombia?

With this measure, employees and workers must agree to distribute the hours between 5 and 6 days a week. This way there is a guaranteed rest day.

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Does the value of the daily hour increase in Colombia?

Employees must calculate the new value of the work hour to settle the value of overtime, night, Sunday and holidays

Yeah. According to the Ministry of Labor, the reduction in the maximum working day implies an increase in the value of the daily hour, since, for less time worked, the worker will continue to earn the same remuneration.

“Employees must calculate the new value of the work hour to settle the value of overtime and night, Sunday and holiday surcharges, always respecting the principle of favorability,” explained the Ministry of Labor.

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Are there exceptions to the measure in Colombia?

Being an independent worker allows you to carry out an economic activity on your own account.

Yes, there are exceptions.

One of them is related to work that is especially unhealthy or dangerous, since in this case the Executive may order the reduction of the working day in accordance with opinions in this regard.

Another exception is in the cases of the working day of adolescents authorized to work, since the maximum duration of their working hours is subject to the following rules:

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– Adolescents over 15 and under 17 can only work a maximum daytime shift of six hours daily and thirty hours a week and until 6:00 pm.

– For young people over 17 years of age, they can only work a maximum of eight hours a day and 40 hours a week and until 8:00 pm.

Another exception to the regulation also has to do with the case when the employer and the worker agree, temporarily or indefinitely, successive work shifts that do not exceed six hours a day and 36 hours a week.

What happens if the company does not comply with the hourly reduction?

The employee and the worker must reach agreements to establish how the hour reduction will be. If the company you work for does not comply with the law, this will be exposed to sanctions.

What does the Ministry of Labor say?

“Employees may decide or agree on a different work week, but always less and without decreasing salary. Employees may calculate the new value of the work hour to settle the value of overtime, nighttime, Sunday and holidays, as long as respecting the principle of favourability”, explained
Edwin Palma, Vice Minister of Labor Relations of the Ministry of Labor.

(Also: Will the value of working hours change in Colombia? Learn about the adjustment for reduced working hours)

Does it apply to public servants in Colombia?

Palma explained that the measure does not apply to public servants, except for those who work in state companies and labor relations are governed by the Substantive Labor Code.