From now on, employees will go from working 47 hours a week to 46. EL TIEMPO spoke with expert Rafael Guerrero to clear up some doubts about the repercussions of the new adjustment.
The working day will be reduced by one hour again in Colombia. Since yesterday, workers went from having 47 hours a week to 46. In an interview with EL TIEMPO, Rafael Guerrero, associate in the Labor Law area of the firm Posse Herrera Ruiz, cleared up some doubts regarding this decrease.
Starting July 15, the working day will be reduced by one hour. How long will it be and what will the process be like in the coming years?
The maximum legal working period in Colombia will remain at 46 hours a week, in compliance with the provisions of Law 2101 of 2021. This rule establishes a progressive reduction so that starting in July 2025 we will have an additional reduction of two hours (44 hours) and by July 2026 this process will be completed with a maximum legal working period of 42 hours a week.
Does it affect all sectors and companies equally or are there exceptions?
This reduction is established for all sectors and employers in Colombia, so its effects are applied generally.
However, article 162 of the Substantive Labor Code establishes some exceptions, which include: management, trust and management positions; domestic services (limited in any case by different rulings); those who carry out discontinuous or intermittent work and those who perform simple surveillance, when they reside in the place or work site; activities that exceed the maximum legal working day, which will be remunerated with a surcharge for overtime and are duly authorized by the Ministry of Labor and activities that are especially unhealthy or dangerous (article 161 of the Code).
These exceptions were not introduced by Law 2101 of 2021, but were already established in the current regulations, which is why it does not represent a change under the new scheme of the maximum legal working period.
Can the hour be reduced any day of the week or does it have to be at a specific time?
The employer has the freedom to make the change to the work period that best suits the requirements of its operation, for example, it can reduce one hour of work in one day, or it can reduce 20 minutes each day until reaching the limit of 46 hours.
Should companies commit to not reducing workers’ salaries?
More than a commitment, it is a legal obligation, because as established by law, the reduction of said working day does not imply a reduction in wages, social benefits, or the value of the ordinary hour of work, nor does it exempt from obligations in favor of workers.
Will the value of the daily work hour change? Does it impact overtime?
There will be a change in the value of the daily hour of work, since the mathematical formula to obtain said concept must consider the current maximum working day, as explained below: 46 hours divided by 6 days a week by 30 days a month (230 hours per month). The monthly salary earned by the worker is divided by the total number of hours per month, obtaining the value of the hour based on the change in the day.
To this new value of the hour, the surcharge percentage for overtime hours (1.25 percent) must be applied, which will imply an increase in its value, without the surcharge percentage having been modified.
What sanctions do companies that do not comply with the new working hours period?
Employers may be subject to administrative risks. The Ministry of Labor may carry out sanctioning processes in the event of non-compliance with labor regulations. The Ministry may impose sanctions of up to 5,000 current legal minimum wages (with its respective conversion to UVT). This value may be graduated depending on the discretion of the administrative authority, but in practice these sanctions amount to between 120-200 current legal monthly minimum wages.
Also to judicial risks, since workers can file claims before labor judges, requesting payment of overtime for not having modified the working day, the repayment of social benefits and contributions to the social security system and possible compensation.
Can a worker sue a company that is not complying, what is the process like?
That’s right, workers will be able to go to administrative (Ministry of Labor) and judicial (labor judges) channels to claim their rights.
What if, for example, they have not carried out the reduction from 48 to 47 hours either?
The risk increases, since the magnitude of the non-compliance is greater and, therefore, its effects in the event of a possible sanction and/or labor lawsuit will have greater impacts for employers.
Is it true that with this law, family day will disappear, and if so, when?
That’s right, with the reduction of the working period, the obligation to grant the semi-annual working day to share with the family disappears (Law 1857 of 2017). However, for this elimination to operate, the maximum working period must be reduced to 42 hours, so, in practical terms, only until July 2026 will this obligation be eliminated (or in the event that companies have decided to adopt the 42-hour working period in advance).
What other important changes does the law bring?
The law establishes the possibility of carrying out a gradual reduction with respect to the obligation to grant two hours per week dedicated exclusively to recreational, cultural, sports or training activities (article 21 of Law 50 of 1990). This reduction must be carried out by mutual agreement between the employer and the workers. It is important to highlight that this reduction in the maximum legal working period may establish additional internal processes for employers, such as updating payroll settlement software and updating internal documents and policies, including the Internal Labor Regulations.
NOELIA CIGUENZA RIAÑO – DEPUTY ECONOMICS EDITOR EL TIEMPO
