Best Wage & Hour Lawyers in Mocoa

About Wage & Hour Law in Mocoa, Colombia

Wage and hour rules in Mocoa are governed by national Colombian labor law, mainly the Codigo Sustantivo del Trabajo and related statutes and decrees. The same nationwide standards apply in Putumayo as in the rest of the country. These rules set the legal workweek, overtime limits and premiums, night and Sunday or holiday pay, recordkeeping duties, minimum wage, and other pay protections. The Ministry of Labor inspects and enforces compliance through local offices, and workers can also bring claims before labor courts. If you work in Mocoa in sectors like public administration, retail, services, agriculture, logistics, oil and related contracting, or any other industry, your employer must follow these national wage and hour requirements.

Why You May Need a Lawyer

People in Mocoa seek counsel for several common wage and hour issues. Many workers have disputes about unpaid overtime, incorrect application of night, Sunday, or holiday premiums, or excessive hours that exceed legal caps. Others face misclassification, for example being engaged on a services contract while working under subordination like an employee, which affects pay, benefits, and hours. Conflicts also arise when employers adopt new schedules to comply with the gradual reduction of the legal workweek, when companies fail to respect the right to disconnect in telework or remote work settings, or when payroll deductions and final settlements are miscalculated after termination. Senior staff may need advice about whether they are truly exempt from hour limits as direction or trust employees. Employees on so-called integral salaries often need help understanding what is included in the 30 percent factor and whether additional surcharges are still owed. A lawyer can assess evidence, quantify claims, negotiate with the employer, represent you before the Ministry of Labor in Mocoa, and file a court action if needed.

Local Laws Overview

Jurisdiction and enforcement in Mocoa are national in scope. The Ministry of Labor conducts inspections and conciliations through its territorial or local office that covers Putumayo. Workers can also sue in labor courts. Employers are required to keep accurate time and payroll records and to provide pay statements.

Legal workweek and scheduling are set by law. Colombia is moving from a 48 hour week to a 42 hour week under Law 2101 of 2021. The reduction is gradual. As of 2025 the general limit is 44 hours per week for most employees, without reducing salary. Hours can be distributed over the workdays by agreement, subject to legal parameters. Flexible schedules are allowed provided the weekly limit is respected and daily caps and breaks are observed. Weekly paid rest is generally on Sunday. The right to disconnect from work-related communications outside working hours is protected by Law 2191 of 2022.

Overtime and premiums apply above the legal schedule. Overtime requires prior authorization, but if the employer benefits from extra work it usually must be paid. Daytime overtime has a surcharge of 25 percent. Night work is from 9 p.m. to 6 a.m. and carries a 35 percent surcharge even if it is not overtime. Night overtime has a 75 percent surcharge. Work on Sundays and national holidays has a 75 percent surcharge, and if it is also overtime the surcharges are cumulative. There are statutory caps on overtime of up to 2 hours per day and 12 hours per week in most cases.

Minimum wage and allowances are national. The government sets the monthly minimum wage each year. A transportation allowance also applies for eligible workers who earn up to a certain threshold, commonly up to two minimum wages, and who need to commute. Colombia uses a monthly minimum rather than an hourly one, so hourly rates are obtained by dividing the monthly salary by the legal monthly hours agreed in the contract, then applying applicable surcharges.

Exemptions and special categories exist. Employees in direction, trust, or management roles may be excluded from hour limits and overtime rules if they truly exercise those functions. Apprentices and interns follow different stipends and schedules. Minors have strict limitations and cannot work at night or perform overtime. Work performed in high-risk roles follows additional rules.

Integral salary arrangements are allowed for higher earners. An integral salary must meet a legal threshold expressed as a multiple of the monthly minimum wage. It includes a 30 percent factor meant to cover most statutory benefits and typical surcharges. Even with integral salary, employers should track working time, and certain surcharges or excessive overtime may still generate additional payments depending on the agreement and case law.

Pay periods, deductions, and records are regulated. Salaries are typically paid monthly or twice monthly. Employers must issue payslips and make social security contributions to health, pension, and occupational risk systems based on the salary. Deductions are limited to those authorized by law or with the employee’s written consent. Uniform or tool costs cannot be deducted unlawfully.

Termination and final pay must be settled promptly. Upon termination, employers must pay accrued salary, proportional vacation, the service bonus if due, and other sums. Severance funds called cesantias are deposited annually in a designated fund, and an indemnity for termination without just cause applies according to rules that vary by seniority and salary level. Unpaid wage claims generally have a three year statute of limitations.

Frequently Asked Questions

What is the legal workweek in Mocoa right now

Colombian law sets a nationwide cap that is being reduced gradually. In 2025 the general maximum is 44 hours per week for most employees in Mocoa and throughout the country, without a pay cut. Employers and employees can distribute hours across the workdays by agreement, while respecting daily parameters, rest breaks, and the weekly limit. Some categories like direction or trust employees are exempt from hour limits.

How is overtime calculated

Daytime overtime has a 25 percent surcharge over the ordinary hourly rate. Nighttime hours from 9 p.m. to 6 a.m. have a 35 percent surcharge even if they are part of the regular schedule. Nighttime overtime carries a 75 percent surcharge. Work on Sundays and national holidays includes a 75 percent surcharge, and if it is also overtime the surcharges are cumulative. Employers should authorize overtime in advance, but if extra hours are worked for the employer’s benefit and under subordination, payment is generally due.

What counts as night work and how is it paid

Night work is performed between 9 p.m. and 6 a.m. and earns a 35 percent premium over the ordinary hourly rate. If those hours are also overtime, the higher night overtime surcharge applies. Employers should reflect these premiums on the payslip.

Do I have to be paid extra for working on Sundays or holidays

Yes. Work on Sundays and national holidays carries a 75 percent surcharge. If the work is also overtime, you add the applicable overtime surcharge. If Sunday is the assigned weekly rest day, the employer must also grant a compensatory rest day or pay it as required by law.

How is the minimum wage applied in Colombia

The national government sets the legal monthly minimum wage each year. Employers in Mocoa must pay at least that amount to full time employees, plus a transportation allowance for eligible workers who earn up to the legal threshold and commute. For part time arrangements, the wage is proportional. Colombia does not have a standalone hourly minimum, so employers calculate hourly rates by dividing the monthly salary by the number of ordinary monthly hours under the contract.

Can my employer change my schedule or reduce my hours

Employers can adjust schedules within legal limits and the contract’s terms, especially to comply with the ongoing weekly reduction under Law 2101. Material changes should be discussed in good faith and documented. Reducing hours in a way that cuts pay or imposes split shifts, night work, or Sunday work without proper premiums or consent can be unlawful. If the change substantially alters core conditions, seek legal advice.

Are managers and trusted employees entitled to overtime

Employees in direction, trust, or management roles are typically excluded from hour limits and overtime pay because their positions require broad decision making and availability. The title alone is not decisive. Courts look at actual job duties and the level of autonomy and subordination. If you are labeled as direction or trust but perform ordinary tasks under close supervision, you may still be entitled to hour protections and premiums.

What is an integral salary and how does it affect overtime

An integral salary is a lawful pay scheme for high earners where the stated salary includes a 30 percent factor to cover most legal benefits and typical surcharges. It must meet a minimum threshold expressed as a multiple of the minimum wage. Even under an integral salary, employers should control working time, and depending on the contract and case law some extraordinary surcharges or excessive overtime may require additional payment. Review your contract and seek counsel to assess your specific situation.

I am on a services contract but treated like an employee. What can I do

Civil or commercial services contracts are common, but if you work under subordination and continuous direction from the company, the relationship may be an employment contract in substance. If a court finds there was an employment relationship, you can claim salary, benefits, and hour premiums retroactively. Gather evidence of schedules, instructions, supervision, and integration into the employer’s organization, and consult a labor lawyer. You can also file a complaint with the Ministry of Labor in Mocoa.

How long do I have to claim unpaid wages or overtime

Most wage and hour claims in Colombia are subject to a three year statute of limitations counted from when each payment was due. It is best to act promptly. Preserve timesheets, messages, emails, payslips, and any communications about hours or pay. Consider requesting payment in writing, seeking an administrative conciliation before the Ministry of Labor, and filing suit if the matter is not resolved.

Additional Resources

Ministry of Labor - local and territorial offices serving Putumayo and Mocoa handle inspections, complaints, and conciliations. You can present a petition or complaint about unpaid wages, overtime, or scheduling violations.

Labor Inspectorate in Mocoa - receives worker complaints, conducts visits, and can issue orders and sanctions for noncompliance with wage and hour rules.

Defensoria del Pueblo and Personeria Municipal de Mocoa - provide citizen assistance and guidance, including support for vulnerable workers seeking to access government services.

UGPP - the entity that audits payroll contributions. Issues with misreported salary bases that affect benefits and contributions can be addressed with assistance from counsel.

DIAN - the tax authority for matters related to withholding and tax certificates that appear on payslips and annual income reports.

SENA - supports apprenticeship contracts and training. Apprentices have specific rules on stipends and working hours.

Cajas de Compensacion Familiar and ARL or EPS administrators - these entities manage family allowance benefits, occupational risks, and health coverage linked to payroll and work hours.

Next Steps

If you believe your wage and hour rights have been violated in Mocoa, start by writing down a clear timeline that lists your work schedules, overtime, night or Sunday work, and pay dates. Gather documents such as your contract, addenda, internal work regulations, payslips, time records, messages instructing extra hours, and any approvals or denials of overtime.

Request clarification or payment in writing from your employer or human resources. Be specific about dates, hours, and the legal premiums you believe apply. Keeping communications professional and documented often leads to faster resolutions.

If the issue is not resolved, consider filing a petition or complaint before the Ministry of Labor office that serves Mocoa and request an administrative conciliation. This can lead to a binding agreement without going to court.

Consult a labor lawyer in Putumayo. A lawyer can calculate your claim correctly, evaluate whether exemptions or integral salary terms apply, and protect you against retaliation. Ask about fees and timelines, and bring your documentation to the first meeting.

Act within the three year limitation period. Some claims accrue month by month, so do not delay. While you seek a resolution, continue to keep detailed records of hours worked and payments received.

This guide is informational and not legal advice. For guidance tailored to your case, speak with a qualified labor lawyer familiar with wage and hour practice in Mocoa.