Best Wrongful Termination Lawyers in Villagarzon

About Wrongful Termination Law in Villagarzon, Colombia

Wrongful termination in Colombia is commonly called despido injustificado. It happens when an employer ends an employment contract without a legally valid just cause or without following mandatory procedures. Villagarzon is governed by national labor law, mainly the Codigo Sustantivo del Trabajo and reforms such as Law 50 of 1990 and Law 789 of 2002, so the rules described here apply locally. If a dismissal is unjustified, the employee can be entitled to monetary indemnification, and in certain protected situations to reinstatement with back pay because the dismissal can be considered ineffective.

Wrongful termination issues can arise with indefinite term contracts, fixed term contracts, and contracts for a specific job or task. Some workers benefit from reinforced job stability protections, including pregnant workers, workers on maternity or paternity leave, workers with proven disabilities or serious health limitations, union leaders with fuero sindical, and workers close to retirement. Dismissing these workers generally requires prior authorization from a labor authority or judge, and failure to obtain it usually results in nullity of dismissal and reinstatement.

Why You May Need a Lawyer

A labor lawyer can help you evaluate whether your dismissal had a legally valid cause and whether the employer respected procedure. Lawyers are particularly helpful when you need to calculate the correct indemnification, negotiate a fair settlement, or pursue reinstatement if you have special protection. They can represent you in a conciliation before the Ministry of Labor or file a lawsuit in the labor courts that serve Villagarzon. They can also guide you if you were pressured to resign, if your fixed term contract was ended early, if your employer failed to pay your final settlement, or if there was discrimination or harassment leading to termination.

Because labor claims are subject to time limits and evidentiary requirements, early legal advice helps you avoid mistakes such as signing an unfavorable settlement, missing a deadline, or overlooking important proof like emails, WhatsApp messages, or payroll records.

Local Laws Overview

Types of contracts and termination. In Colombia there are three common types of employment contract. Indefinite term contracts can be ended with or without just cause. Fixed term contracts last for a set period and typically renew automatically unless written non renewal notice is given at least 30 days before the end date. Contracts for a specific job or task end when the work is completed. A probationary period must be written and cannot exceed two months. In fixed term contracts shorter than one year, probation cannot exceed one fifth of the agreed term and never more than two months.

Just cause. Article 62 of the Codigo Sustantivo del Trabajo lists just causes, such as serious breach of duties, proven misconduct, violence or serious insults at work, criminal acts affecting the employer, or repeated and unjustified poor performance. The employer must be able to prove the cause. If the dismissal is a disciplinary sanction and the employer has an internal work regulation, the worker should be heard to guarantee the right of defense before dismissal.

Indemnification for termination without just cause. Article 64 sets the indemnities when an employer ends the contract without just cause. For indefinite term contracts, if you earn less than ten legal monthly minimum wages, the indemnity is 30 days of salary for the first year of service and 20 additional days for each subsequent year or fraction. If you earn ten or more legal monthly minimum wages, the indemnity is 20 days for the first year and 15 additional days for each subsequent year or fraction. For fixed term contracts, the indemnity equals the salaries that would have been earned from the dismissal date until the contract end date. For contracts for a specific job or task, the indemnity corresponds to the salary for the time reasonably needed to complete the work, not less than 15 days.

Payments due at termination. Regardless of cause, the employer must pay the final settlement, which includes earned and unpaid salary, proportional vacation, the mid year and year end service bonus known as prima de servicios, severance savings called cesantias and their annual interest, and any commissions or overtime due. If the employer fails to pay what is owed in bad faith at termination, a moratory sanction under Article 65 may apply. It consists of a daily salary penalty up to a legal cap, followed by interest, until full payment is made.

Special protections. Dismissal of workers with reinforced stability usually requires prior authorization from the labor inspector or a judge. This includes pregnant workers, workers on maternity or paternity leave, workers with a certified disability or serious health limitation related to work or not, union leaders with fuero sindical, and workers recognized by the courts as close to pension entitlement. If dismissed without authorization or due to their protected status, courts often order reinstatement with back pay and social security contributions.

Notice rules. For fixed term contracts, the employer must give written notice of non renewal at least 30 days before the term expires. If the employer fails to give timely notice, the contract typically renews for the same duration. For indefinite term contracts, no prior notice is required to terminate, but if alleging just cause the employer should state and later prove the cause in writing.

Deadlines. Most labor monetary claims prescribe three years after the right becomes enforceable. Some actions aimed at protecting fundamental rights can be pursued through a tutela, which is a faster constitutional mechanism. Even when the general term is three years, it is advisable to act promptly to preserve evidence and increase chances of reinstatement where applicable.

Enforcement in Villagarzon. You can pursue an administrative complaint before the Ministry of Labor inspection office serving Putumayo, seek a conciliation before the Ministry of Labor or an authorized conciliator, and file a labor lawsuit before the labor courts that have jurisdiction over Villagarzon, typically within the Mocoa judicial circuit. Conciliation agreements recorded in a formal act have legal force similar to a judgment.

Unemployment support. After dismissal, you may access the Mecanismo de Proteccion al Cesante through your family compensation fund known as Caja de Compensacion Familiar. Benefits may include cash assistance, employment intermediation, and health and pension contributions for a limited time, subject to requirements.

Frequently Asked Questions

What is considered wrongful termination in Colombia?

It is a dismissal without a legally valid just cause or one that ignores mandatory procedures or special protections. Examples include termination for discriminatory reasons, dismissing a pregnant worker without authorization, ending a fixed term contract early without cause, or alleging a cause the employer cannot prove. In these cases, the employer typically owes an indemnity or, for protected workers, reinstatement with back pay.

How is the indemnity calculated for an indefinite term contract?

If you earn less than ten minimum wages, the indemnity is 30 days of salary for the first year and 20 days for each additional year or fraction. If you earn ten or more minimum wages, it is 20 days for the first year and 15 days for each additional year or fraction. The daily salary is usually calculated from your ordinary monthly earnings including fixed salary and regular variable components like average commissions.

What happens with fixed term contracts if the employer ends them early or does not renew?

Early termination without just cause triggers an indemnity equal to the salary from the dismissal date to the agreed end date. If the employer wants to avoid renewal at the end of the term, it must provide written non renewal notice at least 30 days before the end date. If the employer misses that notice, the contract typically renews for the same term and ending employment may then require indemnification.

Can I be fired while pregnant, on maternity leave, or on medical leave?

Dismissal due to pregnancy, recent childbirth, or breastfeeding is generally prohibited and requires prior authorization from the labor authority even if there is alleged just cause. Workers with disabilities or serious health limitations have reinforced stability. If you are dismissed without authorization or because of your condition, a court may order reinstatement with payment of salaries and social security contributions left unpaid during the separation.

I was pressured to resign or to sign a settlement. What should I do?

Coerced resignation or signing under pressure can be challenged as an indirect dismissal. Do not sign documents you do not understand. Request copies, take time to review them, and seek legal advice before signing. If you already signed, a lawyer can evaluate whether there was vitiated consent and whether a conciliation act is challengeable due to defects in formation.

What payments should I receive when I leave the company?

You should receive your final settlement that includes unpaid salary, proportional vacation, prima de servicios for the year, severance savings cesantias and interests, and any unpaid overtime, bonuses, or commissions. If the dismissal was without just cause, add the legal indemnity. Ask for a clear liquidation statement and proof of payment. If payment is unreasonably delayed in bad faith, the moratory sanction may apply.

Do I need a written contract to claim wrongful termination?

No. In labor law the reality of the relationship prevails over formalities. If you worked under subordination, with schedule and employer control, you can prove the employment relationship with witnesses, messages, work orders, bank transfers, or other documents, even if you were paid in cash or labeled as a contractor improperly.

How much time do I have to file a claim?

Most labor monetary claims prescribe after three years counted from when each right became enforceable, for example from the dismissal date for the indemnity. Claims for reinstatement due to special protection should be brought without delay. A tutela may be used to protect fundamental rights in urgent cases. Consult a lawyer promptly to choose the correct path.

Do I have to attend a conciliation before going to court?

Conciliation is available and often advisable because a signed conciliation act has enforceable effects and can save time. In some jurisdictions judges will promote a conciliation hearing early in the process. You can request a conciliation before the Ministry of Labor in Putumayo or with an authorized private conciliator. Have a lawyer review any proposal to ensure you are not waiving rights improperly.

What evidence should I collect to support my case?

Gather the dismissal letter, work contract if any, pay slips, proof of social security contributions, emails and messages related to performance, schedules, disciplinary notices, internal policies, witness contact information, and any medical or pregnancy certificates if relevant. Organize a timeline of events with dates and keep backups of digital communications.

Additional Resources

Ministerio del Trabajo, Direccion Territorial Putumayo, which oversees labor inspections and conciliations for municipalities including Villagarzon.

Inspeccion de Trabajo local o en Mocoa, where you can file complaints and request conciliations.

Juzgados Laborales del Circuito que cubren Villagarzon, usualmente con sede en Mocoa, for filing labor lawsuits.

Personeria Municipal de Villagarzon and Defensoria del Pueblo regional, which provide citizen guidance and can orient you on routes to protect your rights.

Su Caja de Compensacion Familiar for the Mecanismo de Proteccion al Cesante and employment services.

Consultorios juridicos de universidades regionales, which may offer low cost or free legal assistance in labor matters.

Next Steps

Request your dismissal letter and your detailed final settlement. Ask for copies of any documents the employer wants you to sign and do not sign under pressure. Write a timeline of key dates, including hiring, contract renewals, warnings, medical leaves, pregnancy notification if applicable, and the dismissal date.

Collect evidence such as contracts, pay slips, bank statements, emails, messages, and witness information. If you have a protected status, obtain the relevant certificates, for example medical certificates or pregnancy documentation.

Consult a labor lawyer in Putumayo to evaluate whether there was just cause, to calculate indemnities, and to assess reinstatement options. A lawyer can help you request a conciliation before the Ministry of Labor or prepare a demand in the labor courts that cover Villagarzon.

Consider filing an administrative complaint with the Ministry of Labor if there were violations such as lack of social security contributions, discrimination, or failure to pay. If you are unemployed, approach your family compensation fund to activate the Mecanismo de Proteccion al Cesante.

Act promptly. Many claims have a three year prescription, but the sooner you move, the stronger your case and the quicker you may obtain payment or reinstatement.