7 de March de 2023
Hiring workers in Colombia is not a complicated task if you have a good planning. Colombian labor regulations do not distinguish whether the worker is foreign or national. Both enjoy the same guarantees, rights and labor obligations; therefore, it is important for companies to distinguish the types of labor contracts and how to use them in the hiring of each employee.
1.- How to hire a worker in Colombia?
In Colombian legislation, employment contracts have a special regime. The contract is understood as “that agreement between the employer and the worker to perform a personal service and receive in return a consideration called remuneration.” The characteristic of this contract is that it must be carried out continuously and, in a dependency, or subordination relationship.
In Colombia there are the following types of contracts:
- Fixed-term contract: The duration of this type of contract cannot greater than three years, but it is renewable up to 3 years. The fixed-term employment contract must always be in writing.
- Indefinite-term contract: This type of contract will be in force as long as the causes that gave rise to it and the subject matter of the work subsist. It is the most used in Colombian organizations.
- Contract for specific work: In this type of contract, payment is made for the time of work. It is applied for specific projects.
- Occasional, accidental or transitory contract: Its duration is less than one month. It is applied in temporary or seasonal situations, where workers must perform tasks other than those corresponding to their position.
TheMinistry of Labor oversees compliance with adequate employment contracts and establishes the regulatory framework in the national territory.
2.- How to structure the employment contract?
Once the type of contract to be used has been identified, the company must enter into the employment contract with its employee. In Colombia there are two ways to sign the contract: verbally and in writing. The latter is the most used and is structured as follows:
- Identification and address of the parties: Both the company and the employee must identify their contractual addresses.
- Place where the service is provided: Normally, the address of the company is stated, but, due to new trends in remote or remote work, other addresses may be designated.
- Nature of work: The company must clearly define the type of contract to be carried out and the functions that correspond to the worker under that modality.
- Value of the salary, form, and dates of payment: The amount of the salary must be expressed in numbers and letters.
- Duration of the contract: Depending on the type of contract, the company must state the duration and term of the work.
- The obligations of the worker and the company: It must be expressed in detail.
- Termination and form of granting the notice: Both parties must agree on how the notice will be given and the grounds for the termination of the contract.
- The conflict resolution clause: This section is important. Indicate how both parties will solve problems that may occur during the employment contract, such as unjustified dismissal or non-compliance with the functions by the worker.
- Place and date of execution of the contract: It allows to know starting point of the employment relationship.
- Signatures of the parties: Both the employer and the worker sign the document as a sign of agreement.
The Bogotá accountant must guarantee compliance with the employment contract within the organization. However, there are special consultants in labor recruitment according to the needs of your organization.