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Employment Law in Colombia: Key Points

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Colombia has a comprehensive set of laws governing employment, ensuring fair treatment and protection for employees. Here are some key points about employment law in Colombia.

Minimum Wage and Fringe Benefits

Minimum Wage

  • The minimum wage for 2024 is COP$2,600,000.

Fringe Benefits

  • Employees who earn up to two monthly minimum wages are entitled to footwear and clothing every four months.
    • This benefit must be delivered on:
      • April 30
      • August 30
      • December 30
  • Employees are entitled to a 15-business-day period of paid rest for every year of service and proportionally for any fraction thereof.

Vacation

  • Employees shall enjoy at least six continuous days of vacation for every year of service.
    • The limit for the accumulation of vacation is nine days per year.
    • Employees may accumulate such leave for up to two periods, but in exceptional cases, they may do so for up to four years.

Bringing Foreign Staff into Colombia

To bring foreign staff into Colombia, it’s essential to determine the activities that will be performed, their duration in the country, and if any payment is made to them. The most common visas granted are the Migrant Visa and the Visitors’ Visa. Companies must also register foreign personnel on the SIRE platforms of Migration Colombia and the RUTEC platform of the Ministry of Labour.

Protecting Innovations and Inventions

Innovations and inventions can be protected through patents, utility models, and industrial designs in Colombia. The country is a member of various treaties that protect IP, such as TRIPS, the Paris Convention, and the Patent Cooperation Treaty.

Ownership of IP

  • The ownership of IP works through a registration process before the Superintendence of Industry and Commerce.
  • This grants the patent holder exclusive rights to exploit and commercialize the invention, preventing use, manufacture, or commercialization by third parties.

Exploiting/Monetizing IP

IP rights holders can exploit their inventions commercially. They may do so themselves or sell/assign the rights to a third party or grant a license for monetization purposes.

Rules and Restrictions

  • The exploitation and monetization of IP are subject to territorial factors and specific legal requirements in each jurisdiction.