Best Employer Lawyers in Mocoa

About Employer Law in Mocoa, Colombia

Employment relationships in Mocoa are governed primarily by Colombian national labor law. The key rules come from the Labor Code, later labor reforms, and regulations on social security, workplace safety, anti harassment, data protection, telework, and the right to disconnect. Because Mocoa is the capital of Putumayo, local oversight and services are provided through regional offices of national entities, including the Ministry of Labor and other labor and social security authorities. Courts in Mocoa apply national law, and inspections and conciliations are handled by local labor inspectors.

In practice, this means that contracts, working time, pay, benefits, payroll contributions, union rights, and termination rules in Mocoa follow the same framework used across Colombia. The difference is mainly logistical and procedural. Complaints, inspections, administrative authorizations, and conciliations are processed by the Putumayo territorial office or by judicial bodies seated in Mocoa.

Why You May Need a Lawyer

People in Mocoa often seek legal help when they are negotiating a new job contract, clarifying the type of contract offered, or addressing misclassification as an independent contractor. A lawyer can explain the practical consequences for salary, benefits, taxes, and social security.

Legal assistance is common in disputes over unpaid wages, overtime, night and Sunday surcharges, service bonuses, severance savings and interests, termination pay, or vacation balances. A professional review of payroll slips and employment records can determine what is owed.

Employers frequently consult counsel to draft compliant contracts and policies, implement the occupational safety and health system, manage telework or work from home, and respond to inspections. Legal advice helps prevent fines from labor and social security authorities.

When terminating employment, employers and employees benefit from guidance on just cause, protected categories, prior authorizations, reduction in force rules, and severance pay calculations. This lowers the risk of wrongful termination claims and penalties.

Harassment, discrimination, or violence in the workplace require quick and compliant internal handling. Lawyers help design and apply anti harassment protocols, preserve evidence, and file or respond to complaints.

Unions and collective bargaining in Mocoa may involve negotiation strategy, lawful industrial action, and protection of union representatives. Legal advice is essential to avoid unfair labor practice findings.

Foreign worker hiring and worker mobility require visa, social security, and payroll compliance. Counsel coordinates immigration steps with employment documentation.

Local Laws Overview

Contracts and hiring in Colombia include indefinite term, fixed term, contract for a specific task or project, apprenticeship, and occasional work. Probation periods are permitted if agreed in writing. For indefinite term contracts the maximum probation is two months. For fixed terms under one year the probation may not exceed one fifth of the agreed term and never more than two months.

Working time is being reduced gradually from 48 to 42 hours per week without salary reduction. The statutory schedule is 47 hours from July 2023, 46 hours from July 2024, 44 hours from July 2025, and 42 hours from July 2026. Daily and weekly overtime limits apply, usually up to two hours per day and 12 per week unless authorized by the labor authority.

Premiums and surcharges include daytime overtime at 25 percent, night surcharge at 35 percent, night overtime at 75 percent, and Sunday or holiday work at 75 percent. Combinations are calculated as per the Labor Code rules. The night period currently runs from 9 p.m. to 6 a.m.

Salary and minimum wage are set annually by national decree. A transportation allowance is typically paid to lower income workers up to a salary threshold set each year. An integral salary is allowed for higher earners and must be at least a legally defined multiple of the minimum wage to lawfully include a benefits factor.

Mandatory benefits include severance savings at one month of salary per year, interests on severance at 12 percent per year paid to the worker by 31 January, deposit of severance savings into the fund by the legal February deadline, a mid year and year end service bonus of 15 days salary each, and 15 working days of paid vacation per year of service. Public holidays and weekly rest are mandatory.

Social security and payroll contributions are shared by employer and employee. Employers enroll workers and pay contributions to health, pension, and occupational risk insurance, and also pay parafiscal contributions to a compensation fund, SENA, and ICBF. Occupational risk rates vary by risk class. The exact percentages are set in national regulations and can change, so employers should verify current rates before running payroll.

Occupational safety and health requires employers to implement the Occupational Safety and Health Management System, perform risk assessments, adopt preventive and corrective measures, and train workers. Inspectors can request evidence of compliance, and sanctions apply for noncompliance.

Termination and severance pay depend on contract type and cause. Just causes are listed in the Labor Code. Indefinite term contracts terminated without just cause trigger statutory indemnities based on salary and time of service. Fixed term contracts terminated early without just cause generally require paying the remainder of the term. Special protections apply to pregnant workers, workers on medical leave, and union representatives, which often require prior authorization from the labor authority.

Harassment and discrimination are prohibited. Employers must prevent and address workplace harassment under the anti harassment law, including adopting an internal procedure. Discrimination based on protected characteristics is unlawful under the Constitution and statutes.

Telework and work from home are regulated. Formal telework models require a written agreement, ergonomic and safety measures, and cost treatment. Work from home can be temporary under specific legal conditions. The right to disconnect applies, and employers must respect off duty time outside agreed schedules.

Data protection applies to employee data. Employers must collect and process personal data lawfully, with informed authorization where required, and protect confidentiality and security in line with national data protection rules.

Collective rights include unionization, collective bargaining, and strikes under legal conditions. Union leaders and some participants enjoy special job stability protection. Mass layoffs or collective dismissals can require prior authorization from the Ministry of Labor.

Local procedure in Mocoa follows national rules. Complaints, inspections, requests for prior authorization, and conciliations are handled by the Ministry of Labor through its Putumayo territorial office and labor inspectors. Judicial claims are filed before labor courts with jurisdiction over Mocoa. Most monetary employment claims have a three year statute of limitations under the Labor Code.

Frequently Asked Questions

What types of employment contracts are most common in Mocoa

The same types used nationwide are common in Mocoa. These are indefinite term, fixed term, specific task or project, apprenticeship, and occasional work. The choice affects probation, termination, and severance rules. Employers should put all terms in writing and register workers in social security from day one.

How is the workweek calculated with the gradual reduction

The legal weekly limit is being reduced without lowering pay. It is 46 hours from July 2024, 44 from July 2025, and 42 from July 2026. Employers can distribute hours across the week within legal limits. Overtime beyond the applicable weekly limit must be paid with the proper surcharge and respect daily and weekly caps.

What are my core payroll obligations as an employer

Enroll all employees in health, pension, and occupational risk insurance, pay monthly contributions on time, and pay parafiscal contributions to a compensation fund, SENA, and ICBF. Pay statutory benefits such as severance savings, interests on severance, service bonuses, vacations, and applicable surcharges. Keep accurate payroll records and deliver pay stubs.

How do I calculate severance savings and when are payments due

Severance savings accrue at one month of salary per year or proportionally. Interests on severance at 12 percent per year must be paid to the worker by 31 January. The severance principal must be deposited into the worker’s severance fund by the legal February deadline each year. On termination, the balance is released according to the rules.

When can I lawfully terminate an employee

You can terminate for a listed just cause or without cause by paying the statutory indemnity. Some employees enjoy special protection, such as pregnant workers, workers on medical leave, and union leaders. In those cases you typically need prior authorization from the Ministry of Labor. For fixed term contracts do not forget the notice rules and end date management.

What is the difference between telework and work from home

Telework is a formal and stable arrangement with specific contractual clauses, technology and safety measures, and employer obligations. Work from home is temporary and exceptional, used for defined periods. Both require compliance with working time, safety, and the right to disconnect.

Can I hire independent contractors instead of employees

Only if the relationship lacks subordination. If the person follows schedules, receives orders, and is integrated into your operation, the law will likely treat the relationship as employment regardless of the contract label. Misclassification can lead to back pay, benefits, and sanctions from labor and social security authorities.

How are maternity, paternity, and shared parental leaves handled

Maternity leave is 18 weeks. Paternity leave is at least two weeks for eligible fathers. Parents can also agree on shared parental leave under legal conditions so that part of the post birth period is allocated to the other parent. Employers must process the leaves through social security and maintain job stability.

What should I do if I face a workplace harassment complaint

Activate your internal anti harassment procedure, ensure confidentiality, avoid retaliation, document all steps, and take preventive or corrective measures. You must comply with the anti harassment law. Parties can use internal committees and labor conciliation. Serious cases may be reported to the Ministry of Labor.

Where can I file a labor complaint or seek conciliation in Mocoa

You can approach the Ministry of Labor through its Putumayo territorial office in Mocoa for guidance, inspection requests, and conciliations. Labor courts in Mocoa hear judicial claims. Authorized conciliation centers, including those operated by chambers of commerce or universities, can also assist.

Additional Resources

Ministry of Labor - Dirección Territorial Putumayo and local labor inspectors in Mocoa for complaints, conciliations, and prior authorizations.

Labor courts in Mocoa for judicial employment claims and enforcement of labor rights.

Unidad de Gestión Pensional y Parafiscales - UGPP for audits related to social security and parafiscal contributions.

DIAN for employer tax obligations connected to payroll and withholding.

Occupational Risk Administrators - ARL with service offices that support workplace safety programs and accident management.

Cajas de Compensación Familiar with presence in Putumayo for family subsidies, training, and employer affiliation.

SENA in Putumayo for training, apprenticeships, and compliance with apprenticeship quotas when applicable.

Authorized conciliation centers in Mocoa, such as those operated by the local chamber of commerce or universities, for voluntary labor conciliations.

Superintendence of Industry and Commerce for guidance on data protection compliance for employee data.

Next Steps

Identify your issue clearly. Gather contracts, annexes, pay slips, time sheets, internal policies, emails or messages that show instructions, and social security payment receipts. Organize documents by date so a lawyer can quickly assess facts and timelines.

Check deadlines. Most labor monetary claims have a three year statute of limitations counted from when each payment became due. Termination challenges and special protections can involve shorter procedural steps. Do not delay seeking advice.

Avoid risky actions. Do not sign settlements or resignations without advice. Employers should avoid dismissals of protected employees without prior legal review and, where required, prior authorization from the labor authority.

Seek a consultation with a labor lawyer familiar with Mocoa procedures. Ask for an initial assessment of risks, amounts potentially owed or recoverable, and procedural options such as administrative complaints, conciliation, or court action.

Implement or correct compliance. If you are an employer, update contracts, payroll calculations, social security enrolment, and the occupational safety and health system. If you are an employee, keep evidence of hours worked, orders received, and payments, and follow internal complaint channels where appropriate.

Use local institutions. For inspections, conciliations, or guidance, contact the Ministry of Labor office serving Mocoa. If agreement is possible, a formal conciliation can provide a quick and enforceable solution.

Document everything going forward. Keep written records of meetings, warnings, corrective actions, and any agreements. Good documentation is essential whether you are preventing disputes or preparing a claim or defense.