Labor Reform in Colombia 2025: Key Changes, Impacts, Advantages, and How to Prepare

Colombia's 2025 Labor Reform: An In-Depth Analysis
The 2025 Labor Reform in Colombia represents the most ambitious change in matter of labor law in recent decades. This new law follows previous initiatives such as the 2023 Labor Reform in Colombia. With this initiative, the Government aims to modernize the labor market, guarantee decent working conditions, and reduce informality, but at the same time, it poses new challenges for employers, lawyers, and human resources departments.
This article presents an in-depth analysis of the reform's critical points, how it will impact employment contracts, internal regulations, working hours, and business costs, as well as key recommendations for adapting without risks and leveraging opportunities.
Why was a labor reform necessary?
- Colombia has an informality rate exceeding 56%, limiting access to social security and job stability.
- The goal is to meet international commitments with the ILO regarding decent work and social protection.
- The law aims to regulate new forms of digital work and the "gig economy," which previously existed in a legal gray area.
The 2025 Labor Reform seeks to formalize employment, protect workers' rights, and guarantee modern work environments.
Main changes introduced by the 2025 Labor Reform
Change in night shift hours
- Before: Started at 9:00 p.m.
- Now: Will start at 6:00 p.m., with a 35% surcharge.
Impact: Affects companies with evening shifts such as restaurants, security companies, logistics, and call centers.
Increase in Sunday and holiday surcharges
- Before: 75% of ordinary salary.
- Now: 100% of ordinary salary.
Impact: Increases costs for commerce, hotels, and continuous services.
Restrictions on service provision contracts
- Only allowed if there is genuine autonomy and independence.
- If subordination is demonstrated, an employment relationship will be presumed.
Impact: Requires a review of contracts with contractors and freelancers.
Enhanced formalization and stability
- Promotes the conversion of atypical contracts into standard employment contracts.
- Strengthens protection for pregnant women, the sick, and union representatives.
Right to digital disconnection
- Protects workers outside of working hours, except in emergencies.
Impact: Requires new internal policies and leadership training.
Changes in the probationary period
- The maximum of 2 months is maintained, but better justification for termination will be required.
Promotion of unionism and collective bargaining
- Facilitates the creation of unions.
- Expands the benefits of collective bargaining agreements to more workers.
When will these changes take effect?
- Transitional period: Between 6 and 12 months after enactment.
Examples:
- Night shift and Sunday surcharge: in effect in 6 months.
- Internal regulation update: maximum term of 12 months.
Advantages and challenges for employers
Advantages
- Clearer rules that can reduce litigation.
- Improved employee commitment.
- Aligns companies with international standards.
Challenges
- Increased labor costs.
- Review of contracts and internal manuals.
- Training of leaders and HR teams.
Mandatory changes in internal regulations and manuals
The internal work regulations must be modified to:
- Include the new definition of night shift and surcharges.
- Establish rules on digital disconnection.
- Regulate Sunday shifts, rest, and permits.
- Define clear procedures for using contractors.
It will also be crucial to adjust:
- Hiring manuals.
- Disciplinary protocols.
Frequently asked questions about the 2025 Labor Reform in Colombia
When does the reform come into effect? Between 6 and 12 months after its enactment.
How does the service provision contract change? It will only be allowed if there is no subordination; otherwise, it will be an employment contract.
What happens with the night shift? It will start at 6:00 p.m., increasing surcharge payments.
Does the Sunday surcharge increase to 100%? Yes.
Do I have to change the internal regulations? Yes, it is mandatory.
Will labor lawsuits increase? Probably, especially due to dismissals and hidden subordination.
What happens if I don't update the internal regulations? You could be sanctioned and lose legal defenses.
How does it affect digital platforms and the gig economy? They must demonstrate autonomy or an employment relationship will be considered.
Will social security costs change? Not the percentage, but formalizing more employees will increase the total burden.
Does the reform apply to all sectors? Yes, public and private, regardless of size.
Practical recommendations for employers
Action | Why is it key? |
---|---|
Review employment and civil contracts | Avoid claims for hidden subordination. |
Update internal regulations | It is mandatory and protects against conflicts. |
Recalculate payroll costs | Due to new surcharges. |
Train leaders and HR teams | To implement disconnection policies and new rules. |
Implement dismissal protocols | Reduces the risk of lawsuits. |
Consult specialized legal counsel | Ensures compliance without penalties. |
Conclusion: Acting now will prevent risks tomorrow
The 2025 Labor Reform represents a challenge for companies, but also an opportunity to modernize processes, align with international standards, and improve talent retention.
Acting proactively —reviewing contracts, adjusting the internal regulations and training teams— will allow you to comply with the law, avoid penalties, and maintain productivity.
How can Servicio Legal SAS help you?
At Servicio Legal SAS , we specialize in labor and business law. We offer:
- Legal audits to verify contracts and compliance.
- Updating internal regulations according to the new law.
- Design of shift schemes and cost strategies.
- Training for managers and HR teams.
- Ongoing consulting to implement the reform without risks.
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