Best Employment Rights Lawyers in Mocoa

About Employment Rights Law in Mocoa, Colombia

Employment rights in Mocoa are governed primarily by national law, especially the Colombian Constitution, the Labor Code known as the Código Sustantivo del Trabajo, and complementary statutes and decrees. While the rules are national, enforcement and public services are local. In Mocoa you will interact with the Ministry of Labor offices, local labor inspectors, and the labor courts serving the Putumayo region. Whether you work in commerce, education, public services, agriculture, oil services, or domestic work, the same core protections apply, including fair pay, limits on hours, overtime premiums, paid leave, social security coverage, anti-discrimination rules, and due process in disciplinary actions and dismissals.

Public servants in Mocoa are generally subject to public employment statutes rather than the Labor Code. If you are unsure whether you are an employee under the Labor Code, a public servant, or an independent contractor, seek legal guidance because different rules and forums apply.

Why You May Need a Lawyer

You may need a labor lawyer in Mocoa if your employer fails to pay wages, overtime, the mid-year and year-end service bonus known as prima de servicios, severance savings known as cesantías, or vacation. A lawyer can also help if you are being harassed at work, discriminated against, or if the company has not enrolled you in the social security system for health, pension, and occupational risks. Legal support is important if you are facing a disciplinary process or termination, especially if you are pregnant, on medical leave, a union representative, or have a disability because special stability protections may apply. Employers also seek counsel to draft compliant contracts, implement internal work regulations known as reglamento interno, handle occupational health and safety, and manage restructuring or collective bargaining in a lawful way.

If you are considering filing a complaint with the Ministry of Labor, requesting a conciliation hearing in Mocoa, or starting a lawsuit before the labor courts, a lawyer can evaluate the strength of your case, calculate amounts owed, preserve evidence, and guide you through deadlines and procedural steps.

Local Laws Overview

Contracts and hiring - Common contract types include indefinite term, fixed term, project or task based known as obra o labor, apprenticeship, domestic service, and remote or telework arrangements. Probationary periods must be in writing. For indefinite term contracts the probation may not exceed two months. For fixed term contracts shorter than one year, probation may not exceed 20 percent of the agreed term and in all cases cannot exceed two months. Renewals of fixed term contracts require written notice at least 30 days before the end date if the employer does not intend to renew, otherwise the contract renews.

Working hours - Colombia is phasing down the weekly limit from 48 to 42 hours under Law 2101 of 2021. As of 2025 the general cap is 44 hours per week without salary reduction. Distribution of hours can be agreed without surcharges if within legal limits. Night work is between 9 p.m. and 6 a.m. Overtime generally requires prior authorization and has limits of up to two hours per day and 12 per week.

Overtime and surcharges - Daytime overtime has a 25 percent premium. Night work has a 35 percent surcharge. Nighttime overtime has a 75 percent premium. Work on Sundays and public holidays has a 75 percent surcharge, and if combined with overtime or night work, premiums are cumulative according to the Labor Code.

Wages and minimums - The statutory minimum wage and the transport allowance known as auxilio de transporte are set annually by decree. Workers who earn up to two minimum wages and must commute are generally entitled to the transport allowance. Check the current year figures with the Ministry of Labor or a lawyer in Mocoa before making calculations.

Mandatory benefits known as prestaciones sociales - Employers must pay the service bonus known as prima de servicios equal to 30 days of salary per year paid in two halves in June and December, deposit severance savings known as cesantías equal to one month of salary per year into the worker’s severance fund by mid February, pay 12 percent annual interest on those severance savings directly to the worker each January, and grant 15 working days of paid vacation for every year of service. Domestic workers are also entitled to prima de servicios.

Social security and parafiscales - Employers must affiliate employees to health insurers known as EPS, a pension fund, and a labor risk insurer known as ARL, and make timely contributions. Parafiscal contributions for SENA, ICBF, and the Family Compensation Fund known as Caja de Compensación Familiar apply depending on payroll size and legal thresholds. The UGPP audits evasion and inaccuracy in contributions.

Leave - Paid sick leave for common illness is typically recognized at 66.67 percent of the base salary according to applicable rules, with the employer covering the first two days and the EPS covering from day three, subject to medical certification and caps. Occupational accident or disease leave is covered by the ARL according to the risk event. Maternity leave is 18 weeks paid, and paternity leave is at least two weeks and may be adjusted by newer regulation. There are breastfeeding breaks, bereavement leave, and protections against dismissal during pregnancy and while on certified medical leave.

Health and safety - All employers must implement the Occupational Health and Safety Management System known as SG-SST proportionate to their risk level and headcount. The ARL provides technical support. Workers have the right to refuse dangerous tasks when there is imminent risk and to report hazards.

Harassment and discrimination - Law 1010 of 2006 prohibits workplace harassment and requires an internal coexistence committee known as Comité de Convivencia Laboral. Complaints may be handled internally, through the Ministry of Labor, or judicially. Discrimination based on sex, race, disability, pregnancy, union activity, or other protected grounds is forbidden. The right to disconnect outside of working hours is protected by Law 2191 of 2022, with exceptions for justified emergencies agreed in policy.

Union and collective rights - Workers may form or join unions, bargain collectively, and strike subject to legal procedures and service sector restrictions. Dismissal of union-protected workers with fuero sindical requires prior judicial authorization.

Termination and severance - Dismissals must be for just cause under the Labor Code or the employer must pay indemnification. For indefinite term contracts the indemnity varies by salary level and seniority, starting from a base amount for the first year and an additional amount per extra year or fraction. For fixed term contracts, compensation usually equals the salary owed for the remaining term. Special stability protections require prior authorization to dismiss, including pregnancy, certain medical disability cases, and union protection. Employers must issue settlement documents known as liquidación with all accrued payments at termination.

Independent contractors - Many engagements in Mocoa are structured as service contracts. If in practice there is subordination, fixed schedules, and integration into the employer’s organization, a court can declare a labor relationship, with all labor and social security obligations and penalties.

Procedures and forums - Workers can seek preventive guidance or file complaints with the Ministry of Labor inspectorates in Mocoa, request a conciliation hearing, or sue in the labor courts. Most labor monetary claims expire after three years from when each payment fell due. In cases of imminent violation of fundamental rights, a tutela action may be available as an urgent constitutional remedy.

Frequently Asked Questions

Who enforces employment rights in Mocoa?

The Ministry of Labor through its territorial office and labor inspectorates in Mocoa enforce compliance, conduct inspections, and facilitate conciliations. The labor courts with jurisdiction over Mocoa decide lawsuits about unpaid wages, benefits, dismissals, and social security. The UGPP audits social security and parafiscal contributions. The Defensoría del Pueblo and Personería Municipal can guide you when fundamental rights are at stake.

How many hours can my employer require me to work?

As of 2025 the general legal cap is 44 hours per week, reduced gradually without salary impact under Law 2101 of 2021. The schedule can be distributed over the week by agreement. Overtime is exceptional, limited by law, and must be paid with the corresponding premiums.

How is overtime and night work paid?

Daytime overtime has a 25 percent premium. Night work between 9 p.m. and 6 a.m. has a 35 percent surcharge. Nighttime overtime has a 75 percent premium. Work on Sundays or public holidays has a 75 percent surcharge. Combinations are cumulative based on the Labor Code. Internal policies cannot waive these legal surcharges.

What benefits am I entitled to as an employee?

You are entitled to the minimum wage at least, transport allowance if eligible, the service bonus called prima de servicios in June and December, severance savings called cesantías and their annual interest, paid vacation, enrollment in health, pension, and ARL systems, and other statutory leaves. Domestic workers also enjoy these rights, including prima de servicios.

Can my employer dismiss me without cause?

An employer may end the contract, but if there is no legally valid just cause, the employer must pay indemnification. Some workers have reinforced job stability, such as pregnant workers, union-protected workers, and certain workers with certified health conditions. In those cases, dismissal usually requires prior authorization from the authority or a judge and additional protections apply.

What can I do if my employer does not pay or underpays social security contributions?

Ask for certificates of affiliation and payment. You can report the situation to the Ministry of Labor in Mocoa and to the UGPP. Lack of contributions can be claimed in labor court, and employers may face fines. If your health coverage or access to medical services is at risk, you may also file a tutela for urgent protection of fundamental rights.

How do I start a complaint or conciliation in Mocoa?

You can file a written complaint with the Ministry of Labor office or request a conciliation hearing. Conciliation is a fast way to resolve payment disputes and can produce an enforceable agreement. If conciliation fails or is not appropriate, you may file a labor lawsuit with the competent court. A lawyer can draft your claim, calculate amounts, and watch deadlines.

What are my rights during pregnancy or medical leave?

Pregnant workers have maternity leave of 18 weeks paid, protection against dismissal, and breastfeeding breaks after returning. Workers on certified medical leave are protected from discriminatory dismissal related to their health condition. Dismissing a worker under these protections without authorization can be null and void, with orders for reinstatement and back pay.

I signed a service contract as an independent contractor. Do I have labor rights?

Yes if in reality there is subordination, fixed schedules, continuous personal service, and integration into the employer’s organization, a judge can declare an employment relationship despite the service contract. In that case you can claim wages, benefits, social security, and indemnities.

How long do I have to bring a labor claim?

Most monetary labor claims prescribe after three years counted from when each payment became due. Some administrative sanctions and harassment procedures have shorter deadlines. It is best to consult a lawyer promptly to calculate your specific time limits and to interrupt prescription where possible.

Additional Resources

Ministerio del Trabajo - Dirección Territorial Putumayo in Mocoa - Receives complaints, conducts inspections, and holds conciliation hearings.

Inspecciones de Trabajo en Mocoa - Local labor inspectorates that handle on-site inspections, fines, and preventive guidance.

Juzgados con competencia laboral en Mocoa y Putumayo - Labor courts that hear lawsuits concerning wages, benefits, dismissals, and social security.

Defensoría del Pueblo - Regional Putumayo in Mocoa - Provides free guidance and can assist with tutela actions for fundamental rights.

Personería Municipal de Mocoa - Assists residents with rights protection and can orient workers in public sector matters.

UGPP - Unidad de Gestión Pensional y Parafiscales - Audits social security and parafiscal contributions and receives reports of evasion.

SENA - Regional Putumayo - Training services and guidance for apprenticeships and employer obligations related to formation.

Cajas de Compensación Familiar en Putumayo - Family Compensation Funds that manage subsidies, family benefits, and employer affiliation.

ARL - Administradora de Riesgos Laborales of your employer - Provides occupational risk coverage and supports the SG-SST.

Organizaciones sindicales y centrales obreras en Putumayo - Offer support for unionization, collective bargaining, and labor rights education.

Next Steps

Identify your status and issues - Clarify whether you are an employee under the Labor Code, a public servant, or an independent contractor. List the problems you face such as unpaid wages or benefits, harassment, unsafe conditions, or termination.

Gather evidence - Collect your contract, pay slips, time records, WhatsApp or email instructions, medical certificates, and proof of social security affiliation and payments. Create a timeline of events and amounts owed.

Check deadlines - Most claims expire after three years. Some actions, such as contesting a non-renewal of a fixed term contract or responding to a disciplinary summons, have much shorter time frames. Do not delay.

Seek legal advice in Mocoa - Schedule a consultation with a labor lawyer who practices in Putumayo. Ask for a written assessment of your claims, likely amounts, costs, and strategy. If fees are a concern, ask about fixed fees or success-based fees where permitted.

Try conciliation when appropriate - File a request for conciliation at the Ministry of Labor in Mocoa. Many employers prefer to settle once faced with a formal hearing. Ensure any agreement is recorded and signed by the conciliating authority to be enforceable.

Escalate if needed - If conciliation fails, your lawyer can file a lawsuit in the labor court, seek precautionary measures where available, or file a tutela if there is an imminent threat to fundamental rights such as health coverage.

Stay compliant if you are an employer - Review contracts, internal regulations, work schedules, SG-SST, and contributions. Correct issues proactively, train managers on harassment prevention and the right to disconnect, and document decisions to reduce risk.

Keep updated - Minimum wage, transport allowance, and some leave entitlements are adjusted by law and decree. Verify current figures for the year and any new regulations impacting remote work, paternity leave, or working hours.

This guide provides general information for Mocoa, Colombia. It is not legal advice. For a precise opinion on your situation, consult a qualified labor lawyer in Mocoa.