Search for:

In brief

The Government recently enacted Law 2101 of 2021 (“Law“) which came into force on 15 July 2021 and aims to reduce the working week from 48 to 42 hours in a gradual manner (from 2023 to 2026).


Highlights of the Law

Among others, the Law:

  • Amends Article 161 of the Substantive Labour code: The maximum legal ordinary working week will now be 42 hours a week, which can be distributed over 5 or 6 days a week.
  • It establishes that the implementation may be gradual, as follows: 
DateMaximum weekly work
2023 (July 15)47 hours
2024 (July 15)46 hours
2025 (July 15)44 hours
2026 (July 15)42 hours
  • It means that the new limit on weekly working hours will have the following exceptions:
    • Maximum working hours for adolescents: (i) 15 – 17 years: 6 hours in daytime (until 6 pm), for a maximum of 36 hours per week; (ii) over 17: maximum working day of 8 hours per day and 40 per week, until 8 pm; 
    • The 6×36 working day; and
    • The special 56-hour working week.
  • Establishes that the reduction in working hours may not entail a reduction in salaries, social benefits, the value of the working hour, or the employer’s other obligations. 
  • Provides that the new maximum working week shall be understood as modified in all articles that refer to the 48-hour working week. 
  • Changes the daily working hours limit for flexible working hours. It will now be 9 hours a day instead of 10. 
  • It states that during the time of gradual implementation, the working day devoted to recreational, cultural, etc. or training activities will be adjusted proportionally by mutual agreement, as well as the Family Semi-Annual Working Day. When the maximum of 42 hours is reached, the employer may be exempted from these obligations.
Author

Tatiana Garces Carvajal is a lawyer and a specialist in labor law, graduated from Pontificia Universidad Javeriana, with post-graduate studies in commercial law from Universidad de los Andes. She has over 30 years of experience advising major clients on matters related to individual and collective labor law. For three years, she worked as the director in charge of the HR Department, head of the Legal Division of the Betania Plant, and as a lawyer in the Legal Department of Alcalis de Colombia. Previously, she worked as head of the Personnel Department at AGA Ltda., and as a paralegal at a law firm. In addition to her experience as professor, lecturer, author of several publications and arbitrator in labor collective disputes, she served as technical adviser to the employers’ delegate for Colombia at the 98th Session of the International Labor Organization in Geneva (2015). She also participated at the 93rd Conference (2009). She joined the Baker McKenzie Bogota office in 1992 as an associate in the Labor Law Department, and was appointed partner in July 2000. She also serves as managing partner of the Baker McKenzie Bogota office and regional leader of the Employment and Compensation group in Latin America and the Employment and Compensation practice at the Bogota office. As representative for LA, she is a member of the steering committee of the Global Employment and Compensation Group of Baker McKenzie, and in her capacity as managing partner of the Bogota office, she is a member of Baker McKenzie’s Global Policy Committee.

Author

Evelyn Romero-Ávila joined Baker McKenzie Colombia in 2000 as a associate in the labor department. She was named local partner in 2009. Prior to joining the Firm, Ms. Romero was an associate for an important local law firm and a legal assistant for Science Applications International Corporation. She has also written numerous articles on Colombian labor law for Legal Review Latin America.

Write A Comment