Best Wage & Hour Lawyers in Villagarzon

About Wage & Hour Law in Villagarzon, Colombia

Wage and hour law in Villagarzon follows national Colombian labor rules set by the Labor Code and later reforms. These rules govern minimum wage, maximum daily and weekly hours, overtime and night premiums, Sunday and holiday pay, rest days, and recordkeeping. The same general framework applies in Putumayo, including Villagarzon, whether you work in agriculture, oil and services support, commerce, domestic service, transport, or public or private entities. Employers must keep accurate time and payroll records, pay the correct rates and premiums, and respect limits on work hours. Workers have the right to be paid for all hours worked, including additional compensation for night work, overtime, and work on Sundays and public holidays.

Why You May Need a Lawyer

You may need a wage and hour lawyer if you suspect unpaid overtime or night premiums, if you are asked to work beyond legal limits, or if your employer has labeled you as a contractor but treats you like an employee. Workers commonly seek help when Sunday or holiday surcharges are missing from pay, when there are disputes over clock-in records, or when pay slips do not reflect the time actually worked. A lawyer is also useful if you are on an integral salary and are unsure whether overtime is excluded properly, if you have irregular shifts in remote sites, if you are a domestic worker missing the service bonus and overtime, or if you faced retaliation after complaining to the employer or the labor inspector. Legal counsel can calculate what is owed, gather evidence, negotiate with the employer, file a complaint with the Ministry of Labor, and litigate within the deadlines.

Local Laws Overview

Colombian labor law sets a standard workday and weekly limit and provides premiums for extra work. As of July 2025, the general weekly maximum is 44 hours under Law 2101 of 2021, with a scheduled reduction to 42 hours by July 2026. The law generally allows up to 2 hours of overtime per day and up to 12 per week. Daytime is 6:00 to 21:00, and night time is 21:00 to 6:00. Night work has a 35 percent surcharge. Daytime overtime is paid with a 25 percent surcharge, night overtime with a 75 percent surcharge. Work on Sundays and public holidays carries a 75 percent surcharge, and when Sunday work is habitual or part of the regular schedule the worker is also entitled to a compensatory rest day.

The government sets a national minimum wage and a transportation allowance every year. Workers earning up to 2 minimum wages usually qualify for the transportation allowance. Salaries must be paid regularly, typically every 15 days or monthly, and pay slips must itemize base pay, hours, premiums, and deductions. Domestic workers have equal rights to minimum wage, service bonus, vacations, social security, and applicable premiums. Meal breaks are customary by agreement, often not counted as working time unless the worker is required to remain at the employer’s disposal. Every worker has the right to a weekly day of rest.

Time and payroll records are the employer’s responsibility. Even if overtime was not formally authorized, the time must be paid if worked and known or tolerated by the employer. Misclassification is common in the region. If you are hired under a services contract but work under subordination and fixed schedules, a court can declare an employment relationship and award wages and benefits. The statute of limitations for claiming unpaid wages and labor benefits is generally 3 years from when each amount became due. Remote work, telework, and home office have special rules, including the right to digital disconnection under Law 2191 of 2022.

Public sector employees and certain industries like transport, health, and oil may have special schedules or regimes. Collective bargaining agreements can improve pay and hour conditions. In Villagarzon and the broader Putumayo area, enforcement is handled by the regional Ministry of Labor offices and labor courts in the judicial circuit that includes Mocoa.

Frequently Asked Questions

What is the legal weekly working limit right now?

Under Law 2101 of 2021, the general limit is 44 hours per week as of July 2025. It is scheduled to drop to 42 hours per week in July 2026. Employers can distribute hours across the week by agreement, but must respect daily and weekly caps.

How is overtime paid in Colombia?

Daytime overtime is paid with a 25 percent surcharge over the ordinary hourly rate. Night overtime is paid with a 75 percent surcharge. Night work that is not overtime has a 35 percent night surcharge. Work on Sundays and public holidays has a 75 percent surcharge, and if it is habitual or part of the schedule it also generates a compensatory rest day.

What counts as night work?

Night work is performed between 21:00 and 6:00. Any hour worked in that period generates the 35 percent night surcharge. If those hours exceed the daily or weekly limits, the night overtime rate applies instead.

Do I get paid extra for working on Sundays or public holidays?

Yes. The Sunday or holiday surcharge is 75 percent over the ordinary rate. If Sunday work is habitual or part of the regular schedule, the worker also has the right to a compensatory rest day. If Sunday work is occasional, the surcharge applies and the compensatory rest depends on the circumstances and agreement.

I am on an integral salary. Do I have overtime rights?

Integral salaries are allowed only above a legal threshold and include a benefits factor intended to cover most legal benefits and certain premiums. Workers validly hired on an integral salary generally do not receive separate overtime payments. However, many employers misuse integral salaries or fail to meet the threshold. If the requirements are not met, overtime and surcharges may still be owed. A lawyer can review your contract and pay level.

My contract is for services, but I follow a schedule and a boss tells me what to do. Am I an employee?

If there is subordination, fixed schedules, and integration into the employer’s organization, a court can declare that there is an employment relationship regardless of the services label. If that happens, you can claim unpaid labor benefits, including wage differentials, overtime, and social security contributions. Evidence like messages, schedules, and badges can help prove subordination.

What are the limits on overtime?

The general limit is 2 hours per day and 12 hours per week. Employers must keep records and should obtain written authorization for overtime. Even if the employer did not authorize it, overtime must be paid if it was necessary and performed with the employer’s knowledge or benefit.

What is the deadline to claim unpaid wages or overtime?

Most wage and benefit claims have a 3 year statute of limitations counted from when each payment became due. Do not wait. Document your hours and seek legal advice promptly to avoid losing claims to time limits.

How are breaks and meal periods handled?

Colombian law recognizes the right to rest during the workday, usually arranged by agreement. Meal breaks are commonly excluded from working time if you are free to dispose of your time. If you must stay available or continue working during the break, it should count as time worked.

Useful proof includes pay slips, time sheets, biometric logs, access records, GPS or vehicle logs, duty rosters, WhatsApp or email messages assigning shifts, witness statements, and any internal complaints you have made. Keep copies of everything you can, especially in remote worksites where records are not easily accessible.

Additional Resources

Ministerio del Trabajo - Dirección Territorial de Putumayo. This regional labor authority receives complaints, conducts inspections, facilitates conciliations, and issues sanctions. The main office serving Villagarzon is typically in Mocoa. Ask for the local Inspección de Trabajo that covers Villagarzon.

Juzgados Laborales del Circuito in the region. Labor courts hear individual wage claims when conciliation fails. Your lawyer will determine the proper court based on your workplace and employer domicile.

Defensoría del Pueblo - Regional Putumayo. Provides guidance and rights protection, especially for vulnerable workers, and can assist in filing complaints.

Personería Municipal de Villagarzon. The municipal personería offers citizen assistance and can help route labor complaints to the proper authority.

UGPP - Unidad de Gestión Pensional y Parafiscales. This agency audits social security contributions. If your employer failed to pay contributions based on your real salary, UGPP may be involved.

Cajas de Compensación Familiar operating in Putumayo, such as the local family compensation fund. They administer benefits and can provide orientation on entitlements.

SENA - Regional Putumayo. Offers training on labor rights and workplace safety that can help workers and small employers understand compliance.

Cámara de Comercio del Putumayo. Provides business guidance and can point employers to compliance resources on labor obligations.

Next Steps

Write down a clear timeline of your work schedule, including start and end times, breaks, night work, Sundays, and holidays. Gather pay slips, contracts, messages assigning shifts, and any time records you can access. Do a preliminary calculation of hours worked versus paid. Note any missing items like night or Sunday surcharges.

Raise the issue internally in writing, keeping a copy. Be factual and professional. If the employer does not correct the issue, request a conciliation appointment before the Ministry of Labor in Putumayo. Conciliation can lead to a quick settlement and pauses the running of some deadlines.

Consult a wage and hour lawyer familiar with Putumayo practice. Bring your documents and a summary of facts. Ask about your options, the estimated value of your claim, the timeline, costs, and fee arrangements. A lawyer can file a complaint with the Ministry of Labor, represent you in conciliation, and file a lawsuit in the labor courts if needed.

Act promptly. Most claims expire after 3 years, and evidence can be lost over time. If you work in a remote camp or agricultural setting near Villagarzon, keep personal copies of schedules and communications. Verify the current year’s minimum wage and transportation allowance with the Ministry of Labor before calculating amounts owed. This guide is informational and not legal advice.