Best Employment Rights Lawyers in Mocoa

About Employment Rights Law in Mocoa, Colombia

Employment rights in Mocoa are governed by national Colombian labor law and applied locally by labor authorities in the Department of Putumayo. The core framework sits in the Labor Code known as the Código Sustantivo del Trabajo, complemented by modern laws on working hours, workplace harassment, remote work, health and safety, and the right to disconnect. Whether you work in public services, agriculture, commerce, oil related logistics, education, or as a domestic worker, the same national rules generally apply, with local labor inspectors and courts in or serving Mocoa handling compliance and disputes.

Employees have rights to a written contract type that fits the job, a defined work schedule and paid overtime where applicable, social security enrollment, paid annual leave, severance savings, a semiannual service bonus, safe working conditions, protection from discrimination and harassment, and due process in discipline and termination. Employers must comply with registration and reporting duties, contributions to social security and parafiscal funds, payroll benefits, and occupational risk prevention.

Why You May Need a Lawyer

You may need a labor lawyer in Mocoa when you face wrongful termination or a sudden dismissal without just cause or without the legally required authorization when special protections apply. A lawyer can evaluate whether an indemnity is owed and the best path to recover it.

Legal help is useful if your employer is not paying wages, overtime, night or Sunday surcharges, the transportation allowance, the semiannual service bonus, vacation pay, or is not depositing your cesantías and interests. Counsel can calculate arrears and file the correct claims before the statute of limitations runs.

If you suffer workplace harassment, discrimination, or retaliation, a lawyer can guide you through internal complaint routes, filings before the labor inspector in Mocoa, protective measures, and potential court actions.

Special protections often require urgent action. Pregnant workers, union representatives, workers with certified disabilities, and workers close to retirement may not be dismissed without prior authorization. A lawyer can seek reinstatement and protective orders when needed.

Work injuries and occupational diseases require coordination among the employer, the occupational risk administrator ARL, and health providers. A lawyer can ensure proper reporting, benefits, and compensation for permanent loss of capacity.

Contractor misclassification is common. If you are hired as an independent contractor prestación de servicios but work under subordination, you may actually be an employee with full benefits. A lawyer can prove the real relationship.

Businesses and NGOs in Mocoa also benefit from counsel to design compliant contracts, implement lawful schedules, adopt harassment prevention committees, bring telework or remote work policies up to date, and handle disciplinary processes with due process.

Local Laws Overview

National rules that matter in Mocoa include the Código Sustantivo del Trabajo and reforms such as Law 50 of 1990 and Law 789 of 2002 on contracts and benefits, Decree 1072 of 2015 on labor regulations compilation, Law 1010 of 2006 on workplace harassment, Law 1562 of 2012 on the General System of Occupational Risks, Law 1822 of 2017 on maternity leave, Law 1846 of 2017 on night work, Law 2088 of 2021 on trabajo en casa, Law 2101 of 2021 on the gradual reduction of weekly hours, Law 2121 of 2021 on remote work, and Law 2191 of 2022 on the right to disconnect.

Contract types include indefinite term contrato a término indefinido, fixed term contrato a término fijo, project or task based por obra o labor, apprenticeship, and true independent contractor civil contracts that do not create labor rights. Probation periods are usually up to 2 months in indefinite term contracts and up to one fifth of the agreed fixed term, not exceeding 2 months.

Work hours are being reduced gradually under Law 2101. The ordinary maximum week is in the process of dropping from 48 to 42 hours by 2026. For 2025 the ordinary limit is 44 hours per week unless a lawful alternative distribution applies. Overtime requires prior authorization and is capped daily and weekly. Night work carries a surcharge from 9 pm to 6 am. Work on Sundays and holidays carries a surcharge, with compensatory rest rules.

Pay and benefits include the national monthly minimum wage set each year, a transportation allowance for eligible low income workers, a semiannual service bonus prima de servicios equal to 15 days of pay per semester, paid annual leave of 15 working days per year, severance savings cesantías equal to one month of salary per year with annual interest, and legal surcharges. Integral salary arrangements are allowed only for higher earners and must expressly include benefits except vacations and parafiscals.

Termination rules require just cause enumerated by law or payment of indemnities. Indefinite term dismissals without just cause trigger statutory formulas that vary with seniority and salary level. Fixed term contracts ended early without just cause generally require payment of the salaries remaining until the agreed end date. Some workers enjoy reinforced job stability fueros such as maternity, union, disability, and near retirement, and their dismissal requires prior authorization from the labor inspector or a judge.

Social security enrollment is mandatory. Employers contribute to health EPS, pensions, and labor risks ARL, and pay parafiscal contributions to SENA, ICBF, and a family compensation fund Caja de Compensación Familiar where applicable. Employees also contribute through payroll withholding. Sick leave is paid, with the employer covering the first 2 days and the health system generally covering from day 3 at the percentages set by law.

Health and safety are managed through the Occupational Health and Safety Management System SG-SST. Employers must assess risks, train staff, investigate incidents, and maintain ARL coverage. Workers have the right to refuse dangerous work and to be trained in prevention.

Collective rights protect unionization, collective bargaining, and the right to strike under legal conditions. Anti-discrimination rules prohibit unequal treatment based on gender, race, disability, pregnancy, union activity, and other protected characteristics. Law 1496 of 2011 promotes wage equity between women and men.

Frequently Asked Questions

What is the standard workweek in Mocoa

The ordinary workweek in Colombia is being reduced gradually under Law 2101 of 2021. In 2025 the standard limit is 44 hours per week, moving to 42 hours by 2026. Employers must pay overtime and surcharges when hours exceed the lawful limits or when work occurs at night, on Sundays, or holidays.

How is overtime calculated

Overtime is any time worked beyond the ordinary schedule. Daytime overtime carries a surcharge, nighttime overtime carries a higher surcharge, and there are caps per day and per week. Night work from 9 pm to 6 am has a 35 percent surcharge even if it is not overtime. Work on Sundays and holidays generally has a 75 percent surcharge and compensatory rest rules apply.

What paid leaves and bonuses am I entitled to

Employees receive 15 working days of paid annual vacation per year, a semiannual service bonus equal to 15 days of pay per semester paid midyear and in December, severance savings cesantías equal to one month of salary per year plus annual interests, paid sick leave, and maternity or paternity leave as set by law. Domestic workers and part time workers are also entitled to these benefits proportionally.

How does severance cesantías work

Each year the employer calculates one month of salary per year of service and either deposits it into the employee’s severance fund Fondo de Cesantías by the legal deadline or accounts for it as required. Employers must also pay annual interest on cesantías. Workers can withdraw cesantías for specific purposes such as housing or education under legal rules.

Can my employer fire me without cause

Yes, but it is costly. If there is no just cause under the law, the employer must pay a statutory indemnity that depends on the contract type, your salary level, and your years of service. Workers with reinforced stability such as pregnant workers, union protected workers, workers with certified disabilities, or workers close to retirement cannot be dismissed without prior authorization. If dismissed, they can seek reinstatement and damages.

What should I do if I am being harassed at work

Document the conduct with dates, messages, and witnesses. Use your employer’s internal harassment committee if available. You can file a complaint with the Ministry of Labor office that serves Mocoa. A lawyer can help you request protective measures, negotiate corrective actions, or bring a claim in the labor courts. Harassment is prohibited by Law 1010 of 2006 and can lead to sanctions and compensation.

I am an independent contractor but I have a boss and schedule. Do I have labor rights

If there is subordination such as fixed schedules, direct supervision, and disciplinary control, a court may find that the relationship is truly labor in nature despite a services contract. If that is proven, you can claim benefits like vacations, cesantías, prima de servicios, and social security contributions. Evidence of how the work is performed is key.

How does sick leave work

Report your incapacity and provide the medical certificate. The employer generally pays the first 2 days. From day 3, the health insurer EPS usually pays a percentage of your wage as set by law. For occupational accidents or diseases, the ARL pays according to the occupational risk system. Keep copies of all certificates and communications.

What are my rights for pregnancy and paternity

Pregnant workers have 18 weeks of paid maternity leave and reinforced job stability that requires prior authorization for any dismissal. Adoptive parents have the same leave. Fathers have paid paternity leave of at least 2 weeks, which may increase based on legal indicators set each year. Employers cannot discriminate based on pregnancy or family responsibilities.

How do I file a labor complaint in Mocoa

You can file an administrative complaint with the Ministry of Labor authority that serves Putumayo, request a labor inspection, or seek a voluntary conciliation. For monetary claims or reinstatement, you can sue in the labor courts that serve Mocoa. Deadlines apply, so act quickly and seek legal advice to choose the proper forum and remedies.

Additional Resources

Ministry of Labor - Dirección Territorial or local labor inspection that serves Mocoa in the Department of Putumayo can receive complaints, conduct inspections, and authorize certain dismissals. Visit or call the nearest office to verify procedures and schedules.

Defensoría del Pueblo - Regional Putumayo offers guidance on fundamental rights and can assist with urgent protection actions tutela when rights such as equality or due process are at risk.

Personería Municipal de Mocoa provides local rights guidance and can help channel complaints to competent authorities.

Family Compensation Funds Cajas de Compensación Familiar in Putumayo provide subsidies and services to enrolled workers and can clarify affiliation and benefits.

Occupational Risk Administrators ARL and Health Insurers EPS provide information on reporting accidents, occupational disease evaluations, and payment of incapacities.

Servicio Nacional de Aprendizaje SENA offers training on labor skills and may assist apprentices and employers on lawful apprenticeship contracts.

Next Steps

Write down what happened in chronological order and keep all evidence such as contracts, pay slips, attendance records, messages, medical certificates, and witness names. Save backups in a secure place.

Identify your contract type and your salary components to calculate benefits and potential indemnities. Check whether you have a special protection such as pregnancy, disability, union protection, or near retirement.

Act within deadlines. Most labor monetary claims expire 3 years from when each payment was due. Some complaints like workplace harassment have shorter internal reporting windows. Do not wait.

Consider an administrative route first when appropriate. You can request an inspection, file an administrative complaint, or attempt a voluntary conciliation before the Ministry of Labor in the jurisdiction that includes Mocoa. For urgent protection of fundamental rights, a tutela action may be available.

Consult a labor lawyer who practices in Putumayo. Ask about strategy, timelines, evidence, costs, and fee structures. Many lawyers offer an initial consultation and may work with flat fees, hourly rates, or success based components subject to ethical rules.

If you decide to proceed, your lawyer may prepare a demand letter, request a conciliation hearing, or file a lawsuit in the labor court that serves Mocoa. Attend all hearings, follow medical guidance for any incapacity, and avoid signing settlements without legal review.

This guide is for general information. For advice tailored to your situation in Mocoa, consult a qualified Colombian labor lawyer or the competent labor authority.