Keys to the Implementation of the Labour Reform in Colombia: Law 2466 of 2025

1. Employment contracts 

1.1. Indefinite term contract

Article 46 of the Substantive Labour Code was substantially modified; it establishes that the fixed-term contract may not be agreed for a period of more than four (4) years, which implies that it may no longer be renewed indefinitely, as was previously allowed. As for the extensions of this type of contract, the parties may agree on them as many times as they deem necessary, provided that the total duration of the relationship does not exceed the maximum limit of four (4) years. This change seeks to promote employment stability and to eliminate the practice of keeping workers under fixed-term contracts for prolonged periods. The thirty (30) days' notice for termination or extension is maintained. If this notice is not given, the contract will be understood to be renewed for the same term initially agreed.

1.2. Contract for work or labour 

The contract for specific work or labour must be concluded in writing and must indicate in a precise and detailed manner the work or activity to be carried out. In other words, the purpose of the contract must be clearly defined. If these conditions are not met, or if the worker continues to provide his or her services once the contracted work or labour has been completed, the contract will be understood as an indefinite term contract. Once the agreed term has expired or the contracted work has been completed, the contract may not be extended again. A new contract may only be signed with the same worker when there is a different, duly justified need. In such a case, the new contractual object must be clearly and precisely specified, without the need for prior notice of termination. In conclusion, the Labour Reform reaffirms that the indefinite-term contract is consolidated as the general rule for employment contracts in Colombia, giving priority to stability and continuity in employment.

1.3. Special apprenticeship contract (SENA and University) 

This is one of the most relevant aspects of the Labour Reform, as it incorporates a special apprenticeship contract aimed at promoting labour formalisation and strengthening the protection of those who are hired under this modality. In development of this, Law 2466 of 2025 modified article 81 of the Substantive Labour Code, establishing new rules for the hiring of apprentices; the main characteristics of this special contract are as follows

• Fixed term: no longer than three (3) years.
• Form: Must be concluded in writing.
• Duration: It is linked to the time of the apprentice's practice.
• Coverage: Applies to SENA apprentices and university students.
• Monthly maintenance support: Financial consideration is recognised, the value of which depends on the type of training and the stage of the training process.
• Social benefits: The apprentice is entitled to social benefits and social security, which vary according to the type of training and the stage of the training process.

With this new regulation, apprentices acquire the status of workers, which implies that they enjoy all the labour rights provided for in the Substantive Labour Code. Employers must therefore ensure that they correctly apply the provisions of Law 2466 of 2025, the implementation of which comes into force on 25 June 2025.

Types of training and payment of maintenance support 

a. Traditional training: Corresponds to the classic SENA model, divided into two stages:

• Lectiva stage: Academic phase of the training process. 75% of the SMMLV; the employer must make contributions to health and labour risks.
• Practical stage: Application of the knowledge acquired. 100 % of the SMMLV; the apprentice will be entitled to all social benefits and other rights inherent to the labour contract.

b. Dual training: In this type of training, SENA or the educational institution and the company work together to develop a training plan tailored to the needs of the company. Activities are carried out alternately in the classroom and in the company, without being divided into stages.

• During the first year, the support is 75% of the SMMLV.
• From the second year onwards, it corresponds to 100 % of the SMMLV.
• From the beginning of the relationship, there is an obligation to pay health, pension and occupational risk contributions and to recognise all social benefits.

c. University students: For university apprentices, the support will always be 100% of the SMMLV, regardless of the stage.

• In the teaching phase, contributions will be made to health and labour risks.
• In the practical phase, the apprentice will be entitled to all social benefits.

The Ministry of Labour, through Circular No. 083 of 2025, stated that:

"In accordance with Article 53 of the Constitution, in the absence of a transitional regime in Law 2466 of 2025, the principle of favourability must be applied, giving priority to the norm that is most beneficial to the worker or apprentice. This means that apprenticeship contracts in force as of 25 June 2025 will be governed by the new law only for the effects generated as of that date, while contracts signed since then will be fully subject to the new regulation".

Companies with apprentices must review their contracts and ensure that the conditions of financial support, affiliation and recognition of benefits are in line with the new law. Failure to comply with these provisions may lead to administrative sanctions by the Ministry of Labour.

2. Modalities of telework

The Labour Reform defines and expands new forms of telework, modifying Law 1221 of 2008, which establishes the parameters for the regulation of this modality of execution of the labour contract. The aim is to specify the different situations in which teleworking can take place and the obligations that arise for the parties. Law 2466 of 2025 identifies the following forms:

• Autonomous Telework: Free selection of the place of work.
• Mobile Telework: The worker does not have a fixed place of work, he/she can carry out his/her work from different places using technological means.
• Hybrid Teleworking: The worker carries out part of his working day in person and part remotely, by prior agreement with the Employer.
• Transnational Teleworking: This occurs when the worker, linked by a contract in Colombia, performs his or her duties from another country. The employer must guarantee affiliation to the Colombian social security system and health insurance to cover eventualities in the country where he/she works.
• Temporary or emergency telework: This applies in exceptional situations, such as health emergencies or natural disasters, and is implemented for a certain period of time to guarantee continuity of work.

Additionally, the reform establishes that workers linked under this modality will be entitled to the legal connectivity allowance, equivalent to the value of the transport allowance ($200,000), which must be recognised for those who earn up to two (2) SMMLV. For the above reasons, it is essential that companies expressly define the teleworking modality they will apply, leaving a written record by means of an amendment to the employment contract, and that they incorporate the guidelines on teleworking in their Internal Work Regulations, thus ensuring clarity, control and regulatory compliance.

3. Disciplinary due process 

It is important that companies implement a labour disciplinary process, as this guarantees the right to due process, defence, contradiction and the controversy of evidence. This procedure should be included in the internal work regulations, in cases where the company is obliged to have one. For their part, companies that are not obliged to have regulations must, as a minimum, listen to the worker beforehand about the facts that are imputed to him/her, respecting the basic guarantees of defence and proportionality. The Labour Reform establishes a minimum procedure to be applied in the procedures for disciplinary sanctions, which comprises the following stages:

• Formal notification to the worker about the opening of the process.
• Written description of the facts, conduct or omissions that motivate the process.
• Provision to the employee of all evidence supporting the facts, conduct or omissions under investigation.
• Granting of a period of time for the employee to express his or her views, challenge the evidence and submit any evidence that he or she considers necessary for his or her defence. This period may not be less than five (5) working days. If the defence is presented verbally, a record must be drawn up that fully reflects the employee's version.
• Duly motivated final decision, which clearly identifies the causes or reasons for the decision adopted.
• Imposition of the sanction, if applicable, which must be proportional to the offence committed.
• The employee's right to challenge the decision taken. This disciplinary process must be regulated in the Internal Work Regulations, which must be updated by June 2026.

4. Changes coming into force in 2026

41. Sunday and public holiday surcharges: The payment of surcharges for work on Sundays and public holidays is increased and a new progressive scheme is established:

• 2025: 80 %.
• 2026: 90 %.
• 2027: 100 %.

4.2. Working hours: The progressive reduction of working hours in Colombia is not a novelty of Law 2466 of 2025, it had already been previously established by Law 2101 of 2021, which established a reduction of the working week from 48 to 42 hours, without reduction of salaries and without affecting benefits. Law 2466 of 2025 ratifies this reduction and reminds employers that, by 2026, all companies must be operating under the maximum working week of 42 hours. - It does not imply any reduction in wages or modification of overtime. - The hours can be spread over 5 or 6 days, subject to agreement between employer and employee.

4.3. Night shift: The working hours for night work, which started at 9:00 p.m., are modified; with the reform, night work starts at 7:00 p.m. and ends at 6:00 a.m. (Entry into force: 6 months after the enactment of the law → January 2026).

4.4. Internal Working Regulations: The entry into force of Law 2466 of 2025 and the implementation of reforms already in force, such as the reduction of working hours, oblige companies to update their Internal Working Regulations (RIT). This is not optional, as the RIT must reflect the new legal provisions to ensure compliance and avoid labour contingencies.

5. Inspection and sanctions

The Ministry of Labour will intensify inspections and may impose:

• Fines up to 5,000 SMMLV.
• Temporary closure of establishments for serious non-compliance.
• Sanctions for undue outsourcing or contractual abuse.

6. Urgent actions recommended:

✓ Review all fixed-term and works contracts.

✓ Formalise teleworking through other agreements and internal policies.

✓ Update the Internal Working Regulations (RIT).

✓ Implement or adjust the disciplinary process.

✓ Adapt payments and shifts to the new night shift schedule.

✓ Verify current apprenticeship contracts (SENA/University).

✓ Carry out preventive labour audits with legal advice. Law 2466 not only redefines the Colombian labour framework, but also requires companies to undertake an immediate process of legal and operational adaptation.

Preparing in advance will be the key to avoiding sanctions and ensuring stable and secure labour relations.