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Colombia: Government enacts the Law of Labor Disconnection

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In brief

On 6 January 2022 the Congress of the Republic enacted Law 2191, which aims to create, regulate and promote the labor disconnection of workers, in order to guarantee the effective enjoyment of free time and rest times, licenses, leaves and/or vacations to reconcile personal, family and work life.

Relevant aspects:

Among others, the Law:

  1. Defines the right to work disconnection as that which “all workers and public servants have, to not have contact, by any means or tool, whether technological or not, for matters related to their work environment or activity, at times outside the ordinary working schedule or maximum legal working schedule, or the one agreed, nor in their vacations or breaks”.
  2. States that workers and public servers shall have the right to disconnect from work, which begins once the working schedule is over.
  3. Establishes that any clause or agreement that goes against the purpose of the law or impairs the guarantees regulated therein is ineffective. Likewise, failure to comply with the right to disconnect from work may constitute a conduct of labor harassment, in the terms and in accordance with the provisions of Law 1010 of 2006.
  4. Instructs all employers to implement an internally regulated labor disconnection policy, which must contain, at least, the aspects regulated in the Law.
  5. Establishes that are exempted from the provisions of the Law: 
    • Workers and public servers who hold positions of direction, trust and management
    • Workers who, due to the nature of the activity or function they perform, must have a permanent availability (public force and relief agencies)
    • Those situations of force majeure or fortuitous event, in which it is required to fulfill extra duties of collaboration with the company, when they are necessary for the continuity of the service or to solve difficult or urgent situations in the operation of the company, as long as it is justified that there is no other viable alternative

To take into account: Although the Law establishes the exceptions previously mentioned, it is important that employers guarantee all their employees, without exception and regardless of the type of personnel, an effective rest. Excessive workload or constant interruption of rest may constitute workplace harassment.  Employers can avoid occupational diseases, work accidents or eventual claims for employer’s fault in occupational diseases and work accidents when employees have a real rest.    

Validity of the measures

The Law is effective as of the date of its enactment.

Click here to download the Spanish version.

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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 at Alcalis de Colombia, occupying the positions of Director in charge of the HR Department, head of the Legal Division of the Betania Plant, and as a Lawyer in the Legal Department. Previously, she worked as Head of the Personnel Department at AGA Ltda., and as a paralegal at the law firm Esguerra, Gamba, Barrera y Arriaga Asociados. 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). Currently, Tatiana is a member of the Javeriana University Law School Council representing graduates from Universidad Javeriana. She joined Baker McKenzie Bogotá office in 1992 as an Associate in the Labor Law department and was appointed partner on July 1st, 2000. In 2017 she was appointed as Managing Partner for Baker McKenzie Bogotá office, which made her the first woman in Colombia to hold this position in a law firm. In addition to this position, she led the Employment and Compensation group in Latin America, until June of 2021. In the exercise of these functions, Tatiana was part of the Steering Committee of the Global Employment and Compensation Group, as well as of the Global Policy Committee of Baker McKenzie. Currently, she is part of the Employment and Compensation Steering Committee for Latin America, leads the Bogotá Employment & Compensation practice and as a member at large is part of the Global Employment & Compensation Steering Committee of Baker McKenzie.

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.

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