Best Employment & Labor Lawyers in Mocoa

About Employment & Labor Law in Mocoa, Colombia

Employment and labor law in Mocoa operates under the national framework of Colombia. The core rules come from the Labor Code known as the Código Sustantivo del Trabajo, complemented by later laws and constitutional protections. Although Mocoa is a smaller capital city in the Putumayo department, the same national standards on contracts, wages, benefits, working hours, social security, and workplace safety apply to employers and workers across sectors such as public administration, commerce, services, agriculture, logistics, and energy.

If you work or employ in Mocoa, you will deal with national institutions like the Ministerio del Trabajo and the social security system, while relying on local labor inspectors, courts, and conciliators based in Putumayo. Understanding the rules on hiring, pay, overtime, termination, union rights, and occupational health and safety is essential to prevent disputes and protect your rights.

Why You May Need a Lawyer

People in Mocoa often seek legal help when signing or negotiating employment contracts, especially to choose the correct type of contract such as indefinite term, fixed term, or for a specific task or project. A lawyer can clarify probation periods, noncompetition clauses, confidentiality, and how bonuses and variable pay are calculated. Workers also consult lawyers about unpaid wages or overtime, changes to schedules, denial of leave, or improper disciplinary actions.

Legal advice is common after a dismissal to verify if there was just cause, calculate severance or indemnization, and ensure final payments include accrued vacation, service bonus, and severance interests. Victims of workplace harassment or discrimination use legal assistance to document incidents, trigger internal investigations, and file complaints with the labor inspectorate. After a work accident or occupational disease, a lawyer can guide claims before the workers compensation administrator known as the ARL, request rehabilitation, and dispute disability ratings. Employers seek counsel to comply with social security enrollment and contributions, implement the occupational safety and health management system, handle union negotiations, and prepare for inspections by the labor authority or audits by the UGPP.

Local Laws Overview

In Mocoa, the governing rules are national. The Labor Code, Law 50 of 1990, Law 100 of 1993 on social security, Decree 1072 of 2015 on occupational safety and health, Law 1010 of 2006 on workplace harassment, Law 2101 of 2021 on reduced weekly hours, Law 1221 of 2008 on telework, Law 2088 of 2021 on remote work, and Law 2191 of 2022 on the right to disconnect are among the key norms. Constitutional protections cover equality, due process, and freedom of association. Below are highlights that are especially relevant in practice.

Contracts and probation: Common contracts are indefinite term, fixed term, and task or project based. The probation period usually cannot exceed two months for indefinite contracts, and for fixed term contracts it generally cannot exceed one fifth of the agreed term with a two month cap. All employees must receive a written contract detailing role, pay, and schedule.

Working time and overtime: Colombia is phasing down the legal weekly maximum without salary reduction. In 2025 the maximum ordinary working time is 44 hours per week. Overtime is limited by law, typically up to two hours per day and 12 hours per week, and must be paid with statutory surcharges. Night work runs from 9 pm to 6 am and carries an additional surcharge. Work on Sundays and holidays carries a higher surcharge, and compensatory rest may apply.

Wages and benefits: The national minimum wage is set annually by the government. Workers who earn up to a legal threshold receive a transportation allowance. All employees are entitled to paid annual vacation of 15 working days per year of service. The service bonus known as prima de servicios equals 30 days of salary per year, paid in two installments in mid year and year end. Severance known as cesantías is one month of salary per year and must be deposited to the employee’s chosen severance fund each year by mid February. Employers must also pay 12 percent annual interest on severance directly to the employee by the end of January.

Social security and payroll: Employers must enroll employees with a health insurer known as EPS, a pension fund, and a workers compensation administrator known as ARL, and make mandatory contributions. The UGPP audits compliance with payroll contributions. Paid sick leave is recognized under social security rules. Work related accidents and diseases are covered by the ARL and entitle the worker to care, wage replacement, and rehabilitation.

Termination and indemnization: Dismissal requires a legally valid cause or the employer may owe indemnization. For fixed term contracts, early termination without just cause commonly triggers payment of the remaining term. For indefinite term contracts, indemnization is calculated by law based on salary level and length of service. Certain workers have reinforced stability protections that restrict dismissal, such as pregnant employees and some workers with health related limitations, and special authorization may be required for termination.

Harassment and discrimination: Law 1010 of 2006 prohibits workplace harassment and requires employers to implement prevention, complaint, and corrective measures. Discrimination based on characteristics such as sex, race, disability, pregnancy, or union activity is prohibited. Employers must maintain respectful environments and respond promptly to complaints.

Telework, remote work, and right to disconnect: Telework and remote work require written agreements that define tools, schedules, and cost support such as connectivity. The right to disconnect protects employees from work communications outside of agreed hours unless exceptions apply by law or policy.

Unions, collective bargaining, and strikes: Workers have the right to organize and bargain collectively. Strikes are regulated and are not permitted in essential public services as defined by law. Collective agreements can set superior conditions but never below legal minimums.

Enforcement and dispute resolution: The Ministerio del Trabajo carries out inspections, receives complaints, and facilitates conciliations. Labor courts in the region hear lawsuits on wages, benefits, dismissals, and occupational risks. Many disputes can be resolved by voluntary conciliation in certified centers such as those of chambers of commerce or universities. The statute of limitations for most labor monetary claims is three years from when each payment became due.

Frequently Asked Questions

What types of employment contracts are commonly used in Mocoa

Employers use indefinite term contracts, fixed term contracts for a specific period, and task or project based contracts for a defined piece of work. The contract should be in writing and specify functions, salary, schedule, and benefits. Choosing the right type affects termination rules, probation, and indemnization.

How many hours can I be required to work and how is overtime paid

In 2025 the ordinary legal maximum is 44 hours per week. Overtime generally cannot exceed two hours per day and 12 per week and must be paid with statutory surcharges. Night work from 9 pm to 6 am has an additional surcharge, and work on Sundays and holidays has a higher surcharge, with compensatory rest in some cases.

What mandatory benefits must employers provide

Mandatory benefits include enrollment in health, pension, and workers compensation systems, paid annual vacation, the service bonus paid mid year and year end, annual severance funded in a severance fund and severance interest, and a transportation allowance for eligible salaries. Employers must also provide tools and protective equipment required for safe work.

Can an employer dismiss me without cause

Employers can terminate without cause but will generally owe a statutory indemnization unless there is a legally valid cause. For fixed term contracts, early termination without cause often requires paying the remaining term. Some workers have special stability protections and cannot be dismissed without prior authorization from the labor authority or a judge.

What can I do if my employer is not paying social security contributions

You can ask for proof of enrollment and payment to the EPS, pension fund, and ARL. If there are irregularities, you can file a complaint with the Ministerio del Trabajo or the UGPP, and seek judicial relief to compel payment and recover damages. Keep copies of pay slips and any correspondence.

How do I report workplace harassment or discrimination

Use the employer’s internal complaint channels as required by Law 1010 of 2006, documenting dates, facts, and witnesses. If the situation persists or the employer does not act, you can approach the labor inspectorate in Putumayo, seek a conciliation session, or file a lawsuit. In serious cases, tutela actions for protection of fundamental rights may be appropriate.

What are my rights after a work accident in Mocoa

Report the accident immediately to your employer and the ARL. You have rights to medical care, wage replacement during incapacity, rehabilitation, and in some cases compensation for permanent loss of capacity. If the accident was due to employer negligence, additional damages may be claimed in court.

How do maternity and paternity leave work

Maternity leave is 18 weeks with social security coverage when eligibility requirements are met. Paternity leave is two weeks. Parents may opt for shared or flexible parental leave within legal parameters if conditions are met. Dismissal during pregnancy or maternity leave is restricted and usually requires prior authorization to be valid.

Do I need to go to court or can I resolve a dispute by conciliation

Many labor disputes can be resolved by voluntary conciliation before the Ministerio del Trabajo or certified conciliation centers. Agreements reached in formal conciliation have legal effect. If conciliation fails or is unsuitable, you can file a lawsuit in the labor courts of the region.

What deadlines apply to labor claims

Most monetary labor claims prescribe after three years counted from when each payment became due. Claims regarding occupational risks and social security have particular rules. It is best to consult a lawyer promptly to avoid missing deadlines and to stop the clock by filing or conciliating as appropriate.

Additional Resources

Ministerio del Trabajo - Dirección Territorial Putumayo in Mocoa can receive complaints, host inspections, and schedule conciliations. Labor inspectors provide guidance and can impose sanctions for violations.

Juzgados Laborales del Circuito in the Putumayo region hear labor lawsuits on wages, benefits, dismissals, and occupational risk disputes. Filing requires meeting procedural and evidence standards.

Centros de Conciliación authorized in Mocoa, including those run by the Cámara de Comercio and universities, offer neutral forums to settle employment disputes quickly and with enforceable agreements.

UGPP - Unidad de Gestión Pensional y Parafiscales audits employer compliance with social security and payroll contributions and can guide workers on irregularities.

Defensoría del Pueblo and Personería Municipal de Mocoa provide free guidance on protection of fundamental rights including equality, due process, and petition rights in labor contexts.

SENA Regional Putumayo supports training, apprenticeships, and employer compliance with apprenticeship quotas where applicable, which can intersect with labor regulation and youth employment.

ARL providers operating in Putumayo such as Sura, Colmena, Positiva, and others manage workplace risk prevention and claims for occupational accidents and diseases.

Next Steps

Collect your documents. Gather your written contract, addendums, pay slips, time records, internal policies, emails and messages about schedules or discipline, medical reports for accidents or illness, and any union or complaint filings. A clear timeline of events will help your lawyer assess the case.

Assess urgency and deadlines. If you were recently dismissed or have unpaid amounts, act quickly to avoid prescription and to secure interim measures. In harassment or health related cases, early action can prevent further harm.

Seek an initial consultation. Contact a labor lawyer in Mocoa or Putumayo to review your facts, receive a realistic assessment, estimate amounts owed, and choose a strategy such as conciliation, an administrative complaint, or a lawsuit. Ask about fees, expected timelines, and evidence needs.

Consider conciliation. Many disputes resolve faster and at lower cost through conciliation before the labor inspectorate or a certified center. A lawyer can prepare proposals and ensure the agreement complies with the law.

Protect your employment status and health. If you are still employed, follow internal complaint channels and keep working while your rights are asserted unless advised otherwise. For accidents or illness, follow medical recommendations and notify the ARL promptly.

For employers, perform a compliance check. Verify contracts, working time, overtime payments, minimum wage updates, social security enrollment and contributions, annual severance deposits, vacation accrual, service bonus payments, SG-SST documentation, telework or remote work agreements, and anti harassment procedures. Proactive compliance reduces risk and costs.

If you need help in Mocoa, start by contacting a trusted labor attorney or a local conciliation center, and reach out to the Ministerio del Trabajo’s Putumayo office for guidance on inspections and conciliations. Acting early with proper legal advice usually leads to better outcomes.