Best Employer Lawyers in Mocoa

About Employer Law in Mocoa, Colombia

Employment obligations in Mocoa are governed primarily by national Colombian labor law and are enforced locally by the Ministry of Labor through its Putumayo territorial office. While the rules are national, their day-to-day application involves local inspections, conciliations, and court actions in Mocoa. Employers must comply with the Colombian Labor Code, social security regulations, occupational safety and health rules, anti-harassment norms, and data protection obligations. This guide explains the essentials so employers and workers in Mocoa can understand their rights and duties and know when to seek legal help.

Why You May Need a Lawyer

Hiring and onboarding - Drafting compliant employment contracts, setting lawful probation periods, classifying roles, and registering new hires with social security and a risk insurer.

Wages and hours - Setting schedules under the gradual workweek reduction, calculating overtime and night or Sunday surcharges, and structuring lawful shift arrangements.

Benefits and payroll - Applying the correct minimum wage, transportation or connectivity allowances, paying vacation, severance savings, interest on severance, and statutory bonuses, and managing parafiscal contributions.

Termination and discipline - Documenting just cause, calculating severance and indemnities for termination without cause, avoiding prohibited dismissals, and handling collective redundancies that require prior authorization.

Health and safety - Implementing the mandatory Occupational Safety and Health Management System, investigating accidents, reporting to the ARL and labor authorities, and organizing safety committees.

Harassment and discrimination - Designing and following internal procedures, conducting impartial investigations, and complying with anti-harassment and equal treatment rules.

Unions and bargaining - Managing union relations, collective bargaining agreements, strike scenarios, and special job protections like union immunity.

Independent contractors and outsourcing - Avoiding labor misclassification, drafting lawful service agreements, and auditing vendors to prevent joint liability.

Data and privacy - Handling employee data under habeas data rules, creating privacy notices and policies, and responding to access or deletion requests.

Government audits and litigation - Responding to labor inspections, conciliation hearings, and lawsuits in local labor courts, and managing settlements and evidence.

Local Laws Overview

Primary sources - The Colombian Constitution, the Substantive Labor Code, Law 50 of 1990, Law 789 of 2002, Decree 1072 of 2015 on occupational safety and health, Law 1010 of 2006 on workplace harassment, Law 1581 of 2012 on data protection, Law 2101 of 2021 on workweek reduction, Law 2191 of 2022 on the right to disconnect, Law 2121 of 2021 on remote work, and related regulations. Local enforcement in Mocoa is carried out by the Ministry of Labor’s territorial office for Putumayo, labor judges, and other regional entities.

Hiring and contracts - Common contracts include indefinite term, fixed term up to three years with renewals, and job-or-task contracts linked to a specific project. Probation must be agreed in writing and typically cannot exceed two months. For fixed terms under one year, probation is capped at one fifth of the initial term, not exceeding two months. Apprenticeship contracts are possible through SENA. The existence of subordination, place and schedule control, and ongoing integration into the business usually indicates an employment relationship even if a civil or commercial services contract is used.

Wages and working time - The minimum wage and the transportation allowance are set nationally each year by decree. Employers must verify and apply the current amounts. The statutory workweek is being reduced gradually under Law 2101 of 2021 until it reaches 42 hours per week by 2026. Recordkeeping of time worked is required. Daytime overtime has a surcharge, night work carries a night premium, night overtime has a higher surcharge, and work on Sundays or public holidays has an additional surcharge for ordinary hours. If hours fall under more than one category, surcharges combine according to statutory rules.

Mandatory benefits - Employers must provide paid annual vacation of 15 working days per year of service, a midyear and year-end service bonus commonly called prima de servicios that totals one additional monthly salary per year, severance savings commonly called cesantías equal to about one monthly salary per year deposited to the employee’s fund, and interest on severance at 12 percent per year, among others. The transportation allowance applies to eligible lower-income employees who commute. For remote work arrangements regulated by Law 2121 of 2021, eligible workers receive a connectivity aid similar in value to the transportation allowance, subject to legal conditions.

Leave and protections - Maternity leave is 18 weeks. Paternity leave exists and has been expanded in recent reforms, so employers should verify the current number of weeks applicable at the time of leave. Workers have sick leave supported by the health insurer after the first days, which are paid by the employer. Special protections apply to pregnancy, recent maternity, disability or reinforced job stability for health reasons, and union leadership roles. Dismissal under these protections generally requires prior authorization or specific legal justification.

Social security and parafiscals - Employers must register employees with a health insurer EPS, a pension fund AFP, an occupational risk insurer ARL, and a Family Compensation Fund. Typical contributions include health, pension, and occupational risk premiums, plus parafiscal contributions for SENA, ICBF, and the Family Compensation Fund. Rates vary by concept and risk class, and some exonerations may apply by statute for certain employers or salary levels. The contribution base generally excludes the transportation allowance. Coordinate payroll withholding and reporting with DIAN and the respective systems.

Occupational safety and health - All employers must implement the Occupational Safety and Health Management System SG-SST. Employers with 10 or more employees must form a Joint Committee COPASST; smaller employers appoint a safety representative. Report work accidents and occupational diseases to the ARL and the Ministry of Labor, conduct investigations, and maintain training and documentation required by Decree 1072 of 2015 and related technical standards.

Harassment and equality - Law 1010 of 2006 requires preventing, investigating, and sanctioning workplace harassment. Employers should maintain an internal channel and committee to handle complaints and training. Colombian law prohibits discrimination based on sex, race, disability, age, religion, political opinion, and other protected characteristics. Reasonable accommodation is required for disability, and reinforced job stability applies.

Unions and collective bargaining - Employees have the right to form and join unions. Collective bargaining agreements can set wages and conditions above legal minimums. Union leaders and certain representatives have special job protection commonly called fuero sindical, requiring authorization for dismissal. Collective dismissals, plant closures, or mass layoff plans may require prior authorization from the Ministry of Labor.

Remote work and telework - Formal remote work and telework arrangements must be documented, addressing equipment, connectivity aid if applicable, working hours, safety guidelines, and the right to disconnect under Law 2191 of 2022. Employers must adapt the SG-SST to remote modalities and perform risk assessments for home workplaces as required by regulation.

Frequently Asked Questions

How do employment contracts work in Colombia?

Contracts can be indefinite, fixed term up to three years with renewals, or for a specific job or task. They should be in writing to define duties, salary, probation, schedule, confidentiality, and benefits. Probation must be expressly agreed and typically cannot exceed two months. Fixed terms require precision on their duration and renewal rules, and early termination without cause usually triggers payment of the remaining term.

What is the legal workweek and how is it changing?

Colombia is applying a gradual reduction in the maximum workweek to 42 hours by 2026. Employers should verify the current yearly step and adjust schedules and payroll systems accordingly. The reduction does not reduce salary. Flexible distribution across days is possible if it complies with daily limits, rest periods, and overtime rules.

How is overtime, night work, and Sunday or holiday work compensated?

Daytime overtime has a statutory surcharge, night work has a night premium, and night overtime has a higher surcharge. Ordinary hours worked on Sundays or national holidays carry an additional surcharge. If an hour is both overtime and Sunday or both night and Sunday, surcharges are combined according to the Labor Code. Keep accurate time records and pay the highest applicable combination.

What mandatory benefits and allowances must employers provide?

Core benefits include paid annual vacation of 15 working days per year, severance savings deposited to a fund, 12 percent annual interest on severance, and the midyear and year-end service bonus. Employers must also apply the national minimum wage and, where applicable, the transportation allowance for eligible employees. For qualifying remote workers, a connectivity aid may apply. Sectoral or collective agreements may add benefits.

How do severance pay and termination with or without cause work?

Terminations must comply with due process. Just cause is defined by law and must be documented. Termination without just cause requires paying a statutory indemnity that varies by contract type and salary level. For indefinite term contracts, the indemnity increases with seniority and differs above certain salary thresholds. For fixed term contracts, early termination without cause typically requires paying the remaining term. Collective dismissals and dismissals of protected workers usually require prior authorization.

What is the difference between an employee and an independent contractor?

The key legal test is subordination. If the company controls schedule, place of work, and how tasks are performed, the relationship is likely employment even if labeled as services. Misclassification can lead to orders to pay back wages, benefits, and contributions, and joint liability can extend to contractors and subcontractors. Draft contracts carefully and align the real dynamics to the chosen model.

What social security and payroll registrations are required?

Register each employee with a health insurer EPS, a pension fund AFP, an occupational risk insurer ARL, and a Family Compensation Fund. Pay monthly contributions on time and file required reports. Coordinate payroll withholding taxes with DIAN. Contribution rates and bases are set by law and may vary by risk class and employer characteristics, so confirm the current figures before processing payroll.

What leave entitlements exist for maternity, paternity, sickness, and vacations?

Maternity leave is 18 weeks. Paternity leave exists and has been extended in recent reforms, so always verify the current weeks in force. Sick leave is supported by the EPS after the initial days that the employer pays, generally at two thirds of salary during the medical incapacity period, subject to legal limits. Employees accrue 15 working days of paid vacation per year of service. Additional leaves apply for mourning, jury duty, and other statutory situations.

How should employers handle workplace harassment and discrimination complaints?

Create a written policy, provide training, and designate an internal channel and committee to receive complaints. Investigate promptly, protect confidentiality, prevent retaliation, and take corrective action where appropriate. Keep records to show compliance. Some cases can be mediated or conciliated at the Ministry of Labor in Mocoa, and serious incidents may implicate criminal or civil liability.

How do unions and collective bargaining affect my company in Mocoa?

Employees may form or join unions, bargain collectively, and engage in lawful strikes in permitted sectors. Employers must bargain in good faith when presented with a petition by a representative union. Union leaders and certain representatives have special job protection that limits dismissal without prior judicial or administrative authorization. Collective agreements can set wages and conditions above the legal minimums and will govern covered employees.

Additional Resources

Ministry of Labor - Territorial Directorate of Putumayo in Mocoa. This office handles inspections, conciliations, collective issues, and authorizations for special dismissals or mass layoffs.

Labor Courts of Mocoa. Local courts adjudicate individual and collective labor disputes and enforce settlements and judgments.

Family Compensation Funds. Regional funds enroll employees for family subsidies and provide employer services and training. Contact the fund that serves your company in Putumayo.

Occupational Risk Insurers ARL. Private ARLs provide risk classification, accident and disease coverage, training, and investigations. Your company must be affiliated and follow their technical guidance.

SENA Regional Putumayo. Provides apprenticeship programs and training. Employers subject to quota obligations can comply through SENA agreements.

DIAN Putumayo. National tax authority offices advise on payroll withholding and employer tax duties.

ICBF Putumayo. Oversees child and family welfare and receives parafiscal contributions from employers.

Defensoría del Pueblo Regional Putumayo and Personería Municipal de Mocoa. Public oversight bodies that can guide workers and employers in rights protection and conflict resolution.

Cámara de Comercio del Putumayo. Provides business formalization services and can refer local legal professionals and compliance resources.

Next Steps

Step 1 - Map your situation. Identify whether your issues involve hiring, contracts, payroll, benefits, safety, discipline, termination, a government audit, or a dispute.

Step 2 - Gather documents. Collect employment contracts, work rules, time records, payroll slips, social security filings, emails, medical notes, disciplinary notices, and any complaint reports.

Step 3 - Check the current rules. Confirm the current minimum wage, transportation or connectivity allowances, the applicable weekly hours for this year, and contribution rates. These change by decree and circulars.

Step 4 - Triage risk. Pause any pending dismissals or disciplinary measures until you verify just cause, due process, and special protections. Document facts and avoid retaliation.

Step 5 - Consult a local professional. Speak with a labor attorney who practices in Mocoa or Putumayo. Local counsel understands how the Ministry of Labor and courts apply the rules on the ground.

Step 6 - Consider conciliation. Many disputes can be resolved through administrative conciliation at the Ministry of Labor in Mocoa. Settlement can reduce cost and uncertainty.

Step 7 - Implement compliance fixes. Update contracts, policies, timekeeping, payroll calculations, SG-SST, and training. Create or update your harassment protocol and data protection notices.

Step 8 - Monitor and audit. Set quarterly reviews of overtime, leave, contributions, and safety metrics. Keep a compliance calendar for filings and training renewals.

This guide is informational and not a substitute for tailored legal advice. Because labor rules update frequently, always verify current requirements before taking action.