Best Hiring & Firing Lawyers in Mocoa

About Hiring & Firing Law in Mocoa, Colombia

Hiring and firing in Mocoa are governed primarily by national Colombian labor law. The municipality of Mocoa is in the Department of Putumayo, but the same framework that applies in Bogotá or Medellín applies here. The core rules come from the Colombian Labor Code, known as the Código Sustantivo del Trabajo, complemented by more recent laws and regulations on working hours, occupational health and safety, anti harassment, equality and data protection. Local labor authorities of the Ministry of Labor operate in Mocoa and enforce these standards, offer inspections and conciliation, and oversee special procedures such as collective dismissals.

In practice, lawful hiring means choosing the right contract type, enrolling workers in social security, paying legally required benefits, and setting clear policies. Lawful firing means identifying a valid ground, following proper process, honoring protections for vulnerable groups, paying final balances correctly, and respecting any authorization requirements. Because rules are detailed and sometimes protective of employees, getting the basics right can prevent costly disputes in Putumayo’s courts and before the labor inspectorate.

Why You May Need a Lawyer

Employers and employees often need legal help in hiring and firing due to the technical nature of Colombian labor law and the financial impact of mistakes. Common situations include drafting contracts that fit the job without misclassification risk, designing lawful probation clauses, setting working time and overtime practices that comply with the progressive reduction of the weekly work limit, creating or updating internal work regulations and workplace harassment policies, handling poor performance or misconduct with proper documentation, calculating and paying termination amounts including severance, vacation and service bonus balances, managing protected employees such as pregnant workers, union representatives or workers on medical leave, negotiating non renewal of fixed term contracts with the required notice, planning reorganizations or collective dismissals that may require prior authorization by the Ministry of Labor, responding to labor inspections and citations in Mocoa, and bringing or defending claims for unfair dismissal, discrimination, unpaid wages or benefits.

Early legal guidance can help you avoid unlawful clauses, prevent fines and litigation, choose the right strategy for termination, and use local procedures in Mocoa like conciliation to resolve conflicts faster and at lower cost.

Local Laws Overview

Sources of law and enforcement in Mocoa. The main rules are national, including the Código Sustantivo del Trabajo, Law 50 of 1990, Law 789 of 2002, Law 1010 of 2006 on workplace harassment, Decree 1072 of 2015 on the occupational health and safety management system, Law 2101 of 2021 on weekly working hours, Law 2191 of 2022 on the right to disconnect, and Law 1581 of 2012 on data protection. The Ministry of Labor has a local office that conducts inspections, conciliations and authorizations. Labor disputes are heard by the labor courts with territorial jurisdiction over Mocoa.

Types of contracts. Common options are indefinite term, fixed term up to three years renewable, and for the duration of a specific task or project. Apprenticeship contracts with SENA are also used. Written contracts are strongly recommended and in many cases required to prove terms like salary structure, place of work and probation.

Probation. A probation period must be agreed in writing. The general maximum is two months. For fixed term agreements shorter than one year, probation may not exceed one fifth of the term and can never exceed two months.

Working time. Law 2101 of 2021 reduces the legal weekly maximum work schedule gradually. As of 2025 the limit is 44 hours per week, and it will reach 42 hours per week in 2026, without salary reduction. Overtime, night work and work on Sundays and holidays carry mandatory premiums. Employers must keep time records and respect the right to disconnect outside working hours, except for justified situations.

Pay and benefits. The national minimum wage and transportation allowance are set annually by the national government. Private sector employees are generally entitled to vacation of 15 working days per year, a mid year and year end service bonus called prima de servicios, severance savings called cesantías with annual interest, and other benefits that may apply by law or collective agreement.

Social security and parafiscales. Employers must enroll workers with a health insurer, a pension fund, an occupational risk insurer and a family compensation fund, and pay the corresponding contributions each month. The specifics depend on the worker’s salary and the employer’s sector and size. The UGPP audits compliance.

Internal workplace rules and harassment committee. Employers that meet legal thresholds must adopt Internal Work Regulations and constitute a Workplace Harassment Committee under Law 1010 of 2006. All employers must implement the occupational health and safety management system required by Decree 1072 of 2015.

Equality and data protection. Dismissal based on discrimination is unlawful. Special stability protections apply to pregnant workers, union leaders, employees with disabilities or in a proven state of vulnerability due to health, and during collective bargaining. Personal data collected in hiring and employment must follow Law 1581 of 2012, including notice and purpose limitations.

Termination with cause and without cause. The Labor Code lists just causes for termination, such as serious misconduct, repeated breaches, fraud or proven poor performance, which must be supported by evidence and due process. Termination without cause is allowed in many cases but triggers severance indemnity. For indefinite term contracts, severance depends on the worker’s salary level and seniority under statutory formulas. For fixed term contracts, the indemnity is typically the salary for the remaining contract period, not less than the legal minimum period when applicable. For specific task or project contracts, ending early without cause usually generates indemnity for the remaining time or task.

Special procedures. Non renewal of a fixed term contract requires written notice at least 30 calendar days before expiration. Dismissal of protected workers like pregnant employees, union fuero holders or employees with certified disabilities requires prior authorization from a labor inspector or court. Collective dismissals and temporary closures that reach legal thresholds require prior authorization from the Ministry of Labor. Final settlement must include all accrued wages and benefits, severance if applicable, and delivery of employment certificates.

Frequently Asked Questions

Do I need a written employment contract in Mocoa

Yes in practice. While an employment relationship can arise from facts, a written contract is essential to define the type of contract, salary scheme, probation, place and schedule, confidentiality and other terms. Some contract types and clauses, like probation, must be in writing to be valid.

What types of employment contracts are most common

Indefinite term, fixed term up to three years renewable, and specific task or project are the main types. Apprenticeship contracts with SENA are used for training. Choose the type that genuinely matches the role. Using fixed term contracts repeatedly to avoid stability can be risky.

How long can probation last

Probation must be agreed in writing. The general cap is two months. For fixed term contracts shorter than one year, probation cannot exceed one fifth of the agreed term and can never exceed two months.

What notice is required to end a contract

For indefinite term contracts, the law does not impose a general notice period for termination, but due process and documentation are critical if there is just cause. For fixed term contracts, non renewal requires written notice at least 30 days before the end date. During probation, either party can end the contract with short notice, but not for discriminatory reasons.

When is firing with just cause valid

Just cause exists when a statutory ground applies, such as serious misconduct, theft, fraud, violence, breach of confidentiality, unjustified absences or demonstrable poor performance. Employers should investigate, allow the employee to be heard, preserve evidence, and act promptly. If challenged, a judge in Putumayo will review the evidence and the procedure.

What severance is due if I terminate without cause

For indefinite term contracts, the law sets indemnity bands that vary by salary level and length of service. For fixed term contracts, indemnity usually equals the wages for the remaining term. For task or project contracts, pay typically covers the remaining period for the task. Final settlement must also include any unpaid vacation, proportional service bonus, severance savings and accrued interest. A lawyer can calculate the exact amounts based on your facts.

Can I dismiss a pregnant worker or a union representative

Dismissal of protected workers is highly restricted. Pregnant or recently postpartum workers, union leaders with fuero sindical and employees with disabilities or in proven medical vulnerability enjoy reinforced job stability. In many cases, prior authorization from the labor inspector or a judge is mandatory. Terminating without authorization can lead to reinstatement and back pay.

What should be paid when the contract ends

The employer must pay all outstanding salary, vacation accrued but not taken, proportional service bonus, severance savings and annual interest if applicable, and any indemnity for unjustified termination. The employer must also deliver a work certificate stating only dates, position and salary. Payment is typically due immediately upon termination.

How many hours can employees work per week

The legal weekly maximum is being reduced gradually. As of 2025 the limit is 44 hours per week and it will reach 42 hours per week in 2026. Overtime requires prior authorization and must be paid with statutory premiums. Night work and work on Sundays and holidays also have surcharges. Keep accurate time records.

Can I hire freelancers instead of employees

You can engage independent contractors, but if subordination exists in practice such as fixed schedules, continuous supervision and integration into your business, a court may reclassify the relationship as employment. Misclassification creates liability for wages, benefits and contributions. Use clear service contracts and manage the relationship consistently with independence.

Are non compete clauses enforceable after termination

Post employment non compete restrictions are tightly scrutinized in Colombia. They are exceptional, must be reasonable in scope, time and territory, and typically require fair consideration paid to the worker during the restriction. Confidentiality and non solicitation clauses are more common and easier to enforce when well drafted.

What if I need to reduce staff due to business reasons

Individual terminations without cause are allowed with payment of indemnity. If the reduction meets legal thresholds for collective dismissals, you must request prior authorization from the Ministry of Labor. Planning and documentation of economic reasons are crucial. Consider conciliation at the Ministry’s local office in Mocoa to settle disputes.

Additional Resources

Ministry of Labor - Territorial office in Mocoa for inspections, authorizations and conciliation services.

UGPP - Unit for the Management of Pension and Parafiscal Contributions, which audits social security and payroll contributions.

SENA - National Training Service, relevant for apprenticeship contracts and training support in Putumayo.

Family Compensation Funds operating in Putumayo - for family subsidies and affiliated benefits.

Municipal Personería of Mocoa - may provide citizen guidance and support in rights protection.

Defensoría del Pueblo - regional office that offers rights orientation and support in discrimination or vulnerability situations.

Centers for Conciliation authorized by the Ministry of Justice in Putumayo - for out of court dispute resolution.

Labor risk insurers ARL that operate in Putumayo - for occupational health and safety advice and accident management.

Next Steps

Clarify your goals. Define whether you want to hire, adjust terms, discipline or terminate. Identify whether any special protections apply to the employee, such as pregnancy, union protection or medical leave.

Organize your documents. Gather the contract and amendments, internal policies, time and attendance records, payroll slips, performance evaluations, warnings, medical certificates, union notices and any relevant correspondence.

Check legal requirements. Confirm the applicable contract type, probation status, weekly hours, benefits, and whether authorization from the Ministry of Labor is required. Verify deadlines such as the 30 day notice for fixed term non renewal.

Calculate potential costs. Estimate final balances for salary, vacation, service bonus and severance. For without cause termination, apply the statutory indemnity formula based on salary and seniority.

Consider conciliation. Many hiring and firing disputes can be settled through conciliation at the Ministry of Labor’s local office in Mocoa or at an authorized conciliation center. Settlements properly recorded can prevent later claims.

Consult a labor lawyer. A local practitioner familiar with Putumayo practice can stress test your evidence, tailor communications, attend conciliations, and represent you in court if needed. Ask for a clear plan and fee structure.

Act promptly and respectfully. Timing and wording matter. Deliver termination letters and payments correctly, and avoid statements that could be interpreted as discriminatory or retaliatory.

Monitor updates. Minimum wage, working hours and administrative procedures can change each year. Before taking action, verify current figures and any new rules issued by the national government or the Ministry of Labor.