Best Labor Law Lawyers in Mocoa

About Labor Law in Mocoa, Colombia

Labor Law in Mocoa is governed by national Colombian legislation and enforced locally by labor inspectors and courts in the Putumayo department. The core rules come from the Código Sustantivo del Trabajo, as amended by later laws on benefits, working time, social security, health and safety at work, anti-harassment, and the right to disconnect. Whether you work in public services, retail, agriculture, oil-related services, transport, or domestic work, the same national protections apply in Mocoa.

Key topics include written and verbal employment contracts, maximum working hours and overtime pay, paid leave and social benefits, termination rules and severance, workplace safety through the SG-SST system, protection against discrimination and harassment, the right to unionize and bargain collectively, and social security contributions to health, pensions, and occupational risk insurers.

Why You May Need a Lawyer

You may benefit from legal advice in the following situations:

- You were dismissed and want to know if it was with just cause, what severance or indemnities apply, and whether you have reinforced job stability because of pregnancy, union leadership, disability, or pre-pension status.- You are owed wages, overtime, bonuses, or benefits such as vacation, prima de servicios, cesantías or interests on cesantías, and need help calculating what is due and how to claim it.- You face workplace harassment or discrimination and need a strategy using the internal committee, Ministry of Labor conciliation, or court action.- Your employer is not paying social security or occupational risk contributions, or you suffered a work accident or disease and need ARL coverage and compensation.- You are on a fixed-term, obra o labor, or service contract and suspect misclassification that denies you labor rights.- Your employer changed your hours, location, or pay in a way that could be an unlawful modification of essential terms.- You want to negotiate a settlement, sign a release agreement, or attend a conciliation and need to protect your rights.- You are forming or joining a union, handling a collective bargaining process, or facing potential anti-union practices.- You own or manage a business in Mocoa and need compliance guidance on contracts, payroll, SG-SST, working time reductions, and inspections.

Local Laws Overview

- Governing framework: Código Sustantivo del Trabajo and national laws apply equally in Mocoa. Notable updates include Law 50 of 1990, Law 100 of 1993 on social security, Law 1010 of 2006 on workplace harassment, Law 1846 of 2017 on night work hours, Law 2101 of 2021 reducing the workweek, Law 2114 of 2021 on paternity and shared parental leave, Law 2191 of 2022 on the right to disconnect, and Decree 1072 of 2015 on the SG-SST system.- Authorities and venues: The Ministerio del Trabajo operates territorial offices in Putumayo that perform inspections and conciliations. Local courts handle individual and collective labor disputes. Conciliation centers, including those at chambers of commerce, are available for dispute resolution.- Contracts: Indefinite, fixed-term, obra o labor, temporary through authorized agencies, and apprenticeship contracts exist. Fixed-term contracts and probation periods must be in writing. Indefinite contracts can be verbal, but written terms are strongly recommended.- Working time: Colombia is reducing the legal weekly maximum from 48 to 42 hours in stages under Law 2101 of 2021. Check the current cap for the year in question. Daily overtime is limited and requires prior authorization and premium pay.- Pay and benefits: Minimum wage is set annually by national decree and includes a separate transport allowance for eligible workers. Common benefits include vacation of 15 working days per year, prima de servicios equal to 30 days of pay per year, cesantías equal to one month of salary per year saved in a fund, and 12 percent annual interest on cesantías paid directly to the worker.- Leave: Maternity leave is 18 weeks. Paternity leave is at least 2 weeks, and shared or flexible parental leave options exist by law. Paid sick leave is typically 66.67 percent of salary, with the employer covering the first 2 days and the EPS covering subsequent days, subject to verification and caps.- Overtime and surcharges: Daytime overtime carries a premium, night work has a 35 percent surcharge, night overtime is higher, and work on Sundays or holidays has a 75 percent surcharge plus compensatory rest when applicable. Local practice and payroll software in Mocoa follow these national rules.- Termination and indemnities: Dismissal without just cause generates indemnities that vary by contract type, salary level, and tenure. For indefinite contracts, the law sets a baseline number of days for the first year and additional days per extra year. Fixed-term contracts generally owe the salary remaining to the end of the term, not less than 15 days. Special reintegration rules protect pregnant workers, union leaders, and others with reinforced stability.- Social security and labor risks: Employers must register workers for health, pension, and ARL through the PILA system and comply with SG-SST. Work accidents must be reported to the ARL within 2 business days, and the ARL covers medical care and benefits.- Harassment and discrimination: Law 1010 of 2006 requires employers to prevent and address acoso laboral through internal procedures and committees. Equal pay and non-discrimination principles apply across hiring, pay, and termination. Domestic workers in Mocoa have full rights to benefits under Law 1788 of 2016 and related rules.

Frequently Asked Questions

What is the difference between a fixed-term and an indefinite-term contract?

A fixed-term contract has a defined duration and must be in writing. If ended early without just cause, the employer generally owes the salary for the time remaining, not less than 15 days. An indefinite-term contract has no end date, can be verbal or written, and if ended without just cause, the employer owes an indemnity calculated based on salary and seniority according to national law.

How many hours can I be required to work per week?

The legal weekly maximum is being reduced in stages from 48 to 42 hours under Law 2101 of 2021. Confirm the cap that applies in the current year. Overtime is limited per day and per week and must be paid with the applicable premium.

How is overtime paid in Colombia?

Daytime overtime has a statutory premium over regular hourly pay. Night work has a 35 percent surcharge, and night overtime carries a higher combined premium. Work on Sundays or public holidays has a 75 percent surcharge plus compensatory rest if applicable. Your payroll in Mocoa should reflect these national rates.

What benefits am I entitled to besides salary?

Standard benefits include 15 working days of paid vacation per year, prima de servicios equal to 30 days of pay per year paid in two installments, cesantías equal to one month of salary per year deposited to a fund by mid-February, 12 percent annual interest on cesantías paid directly to you, transport allowance if eligible, and social security coverage for health, pension, and labor risks.

What are my rights if I am dismissed?

You are entitled to your final settlement, including unpaid salary, proportional benefits, and vacation. If there was no just cause, the employer owes an indemnity based on the type of contract, salary, and tenure. Workers with reinforced stability such as pregnant employees, union leaders, workers with disabilities, and pre-pensioners may have a right to reinstatement. Seek legal advice quickly, as some actions are time sensitive.

What should I do if I am not being paid correctly?

Gather evidence such as payroll slips, messages, and schedules. Ask your employer in writing for payment. If the issue persists, you can request a conciliation at the Ministry of Labor in Putumayo or file a lawsuit. Colombian law provides moratory penalties for bad-faith nonpayment of final wages. A lawyer can calculate exact amounts and guide the best path.

Can an employer change my schedule or location unilaterally?

Employers may make reasonable changes within their management powers, but cannot unilaterally change essential terms such as pay, core duties, or place of work when it imposes disproportionate harm without justification. Significant changes should be agreed in writing. If a change amounts to constructive dismissal, you may have remedies.

How do maternity, paternity, and parental leaves work?

Maternity leave is 18 weeks. Paternity leave is at least 2 weeks. Law 2114 of 2021 created shared and flexible parental leave options that allow parents to distribute part of the maternity leave or take part-time arrangements if requirements are met. Leaves are paid and processed through social security entities with employer support.

What is workplace harassment and how is it handled?

Harassment includes repeated offensive conduct such as humiliation, intimidation, or unjustified isolation that affects dignity or work conditions. Employers must have an internal complaints route and a coexistence committee. You may also seek conciliation or file a complaint with the Ministry of Labor. Keep detailed records of incidents and witnesses.

I work on a service contract, but I follow schedules and orders. Do I have labor rights?

If there is subordination such as fixed schedules, ongoing orders, and integration into the employer’s operation, a court can reclassify the relationship as an employment contract and award labor benefits. Misclassification is common and can be challenged in conciliation or court, including in Mocoa.

Additional Resources

- Ministerio del Trabajo - Dirección Territorial Putumayo in Mocoa for inspections, complaints, and conciliations.- Defensoría del Pueblo - Regional Putumayo for guidance and rights protection.- Personería Municipal de Mocoa for citizen assistance and complaints.- Cámara de Comercio del Putumayo - Centro de Conciliación for alternative dispute resolution services.- Cajas de Compensación Familiar operating in Putumayo for family subsidies and worker benefits.- Legal clinics of public universities in the region that offer free or low-cost advice on labor matters.- Occupational Risk Administrators - ARL serving Putumayo for accident reporting and worker protection.- EPS and pension funds for social security benefits and claims processing.

Next Steps

- Write down your objectives: reinstatement, payment of wages or benefits, a safe exit with indemnity, or preventive compliance if you are an employer.- Collect evidence: contract, addenda, payroll slips, time records, schedules, emails or chats, medical certificates, ARL or EPS reports, disciplinary letters, and termination letters.- Check deadlines: many labor claims expire after 3 years from when payment became due. Some protections such as reinforced stability actions have shorter windows. Act promptly.- Seek an initial consultation: a local lawyer in Mocoa or Putumayo can assess contract type, calculations, and strategy. Bring your documents and a chronology of events.- Consider conciliation: administrative conciliation before the Ministry of Labor or a recognized center is often faster and can produce a binding agreement. Prepare realistic figures and proposals.- Escalate if needed: if conciliation fails or is not appropriate, your lawyer can file a claim in the competent court. For urgent risks such as harassment or safety issues, request immediate administrative measures.- Employers in Mocoa: audit your contracts, payroll, PILA contributions, and SG-SST program. Adjust working hours policies to the current legal weekly maximum and verify overtime and night surcharges. Train managers on harassment prevention and the right to disconnect.

This guide provides general information for Mocoa, Colombia. For advice on your specific case, consult a qualified labor lawyer licensed in Colombia.