How to hire and pay employees in Colombia

Map pin in green circle

Colombia Facts and Stats

Currency

Colombia Peso is the official currency of Colombia. Its currency symbol is $, COP.

Employer Costs

Estimated up to 39% of employees salary

Languages

Spanish is the official language of Colombia, with more than 99.5% of Colombians speaking the language.

Population

The population of Colombia is 51.27 million (based on World Bank numbers as of 2021).

Payroll frequency

Employees are usually paid monthly

Hiring

Grow your team in Colombia

No entity, no problem

To start growing your team in Colombia, you must establish a local entity- including an account with a local bank, a local office and an address registered as a subsidiary.
This allows you to manage payroll, tax, benefits and compliance for your employees, but can take several months.

Emerald can hire and payroll your workers, quickly and compliantly with their ready to go entity. Make growing your team simple with Emerald as a global partner.

Pros & Cons of hiring in Colombia

With over 50 million inhabitants, Colombia is the second most populous country in South America. Cities such as Medellin and Bogotá already represent important hubs for technology startups who want to establish business in Latin America. Fields like B2B (business to business) services, IT and education are all growing within the country.

As in most Latin American countries, the whole population speaks Spanish. It is normal for most employment processes and documents to be conducted in Spanish. Though English proficiency is slowly rising, it is common for individuals to only have an elementary command of the language.

Employment costs in Colombia are projected to be 20-30% of the employee’s salary.

Why Colombia is good for remote workers

With the country moving away from its unsafe image, Colombia – especially Medellin – has become a top pick for remote workers in Latin America. Those with salaries above $680 USD/month can now easily qualify and apply for the digital nomad visa, which allows them to work from Colombia for up to two years.

Compared to other Latin American countries such as Chile or Brazil, the cost of living in Columbia is low, making it a worthy contender for remote workers. Fast internet access is largely available within the big cities and the country’s 4G network coverage is improving by the day.

Start growing your remote workforce now

Employer Costs
Employer payroll contributions are generally estimated at an additional 0% - 39% on top of the employee salary in Colombia.
Pension Fund (applied on salary up to 25 minimum monthly salaries (SMMLV)12%
Medical Plan (applied on salary up to 25 minimum monthly salaries (SMMLV)8.50%
Labour Risks (applied on salary up to 25 minimum monthly salaries (SMMLV)0.52% - 6.96%
Family Compensation Funds (applied on salary up to 25 minimum monthly salaries (SMMLV)4%
National Apprenticeship Service (SENA) (applied only on integral salary) (applied on salary up to 25 minimum monthly salaries (SMMLV)2%
Family Welfare (ICBF) (applied on salary up to 25 minimum monthly salaries (SMMLV)3%
Benefits

Mandatory Benefits

Covered by social security:

Pensions

Long and short-term disability benefits

Healthcare benefits

Paid leave entitlements

Additional Benefits

Some employers like to offer additional benefits to improve employee retention and satisfaction.

Private healthcare

Employment

Contract

Contracts in Colombia must include:

A contract of employment (Contrato de Trabajo) can be agreed either in written or verbal form. However, it is always best practice for these to be provided in writing. The contract should include the employee’s details, the employer’s details, probation period, contract length (if applicable), place of work, hours, days, holidays, and notice periods.

All employers with at least 10 employees must have 90% of the company’s workforce as Colombian citizens or residents. The remaining 10% may be foreign nationals with the relevant work permissions.

There are three main types of contracts in Colombia: permanent contracts (contrato a término indefinido), fixed term contracts (contrato a término fijo) – which must be provided in writing and cannot exceed three years – and temporary contracts (contrato temporal) for temporary or casual jobs not exceeding 30 days.

Probation

Probation periods (Contrato de Trabajo) in Colombia cannot exceed 2 months. Any probation period must be confirmed in writing, or it will not be valid. For fixed term contracts of less than 12 months the trial period may not exceed one fifth of the term initially agreed upon for the contract.

Emerald Technology can onboard employees in Colombia within 48 hours.

Restrictive Covenants

Provisions on restrictive covenants in Colombian labour law are scarce. The legislation only provides rules for non-compete clauses. Restrictive covenants are therefore allowed, under some limitations. Restrictive covenants may be included in the employment contract, or they can be included in separate documents during the employment relationship.

A violation of a restrictive covenant during the employment contract can be subject to disciplinary measures from the employer. The violation of a restrictive covenant, which intends to apply after the employment relationship ends, can be enforceable through a legal claim against the former employee.

Insurance
01.

Health Insurance

Colombia provides a public health insurance plan called EPS (Entidades Promotoras de Salud). Healthcare in Colombia is ranked 22 out of 191 countries by the WHO. Costs are inexpensive compared to countries such as the U.S and parts of Europe. Contributions for EPS are approximately 12.5% of an employee’s salary. All residents in Colombia are required to sign onto EPS. Foreign workers may opt-out but must be able to show proof of alternative coverage, such as a private or company plan. In addition to EPS, there are two other types of healthcare insurance available. The first is Prepagada, a private healthcare insurance which is paid as a monthly premium. The premium can vary depending on age, pre-existing conditions, and the plan chosen. The second is SISBEN, a free government-subsidised healthcare system for Colombians living below the poverty line.

02.

Social Security Contributions

Every employee in Colombia whose contract is governed by the Colombian labour regulations is required to be part of the social security system. Exceptions to this are foreign employees, if they are covered by an equivalent pension scheme in their home country.

Both employers and employees are required to make contributions, which cover items such as pensions, the health social security system, professional risks, the family welfare fund, and the national learning service (SENA). Below are approximate contribution rates for employers and employees, please note that these can vary.

Employer % Employee %
Healthcare 8.5% 4%
Pension 12% 4%
Professional Risks 0.348% – 8.7% N/A
Payroll Taxes 4% – 9% N/A
Solidarity Pension Fund N/A 1%

Payroll taxes cover the family compensation funds, family welfare (ICBF), and national learning service (SENA). These contributions are earnings related. Employees who earn less than 10 times the minimum wage monthly salary, contributions to ICBF and SENA do not apply.

The solidarity pension fund of 1% only applies if an employee earns more than 4 times the minimum wage monthly salary. If an employee earns more than 16 times the minimum monthly salary the percentage further increases as per the below
table.

Additional % Total Solidarity Pension Fund Contribution
16-17 0.2% 1.2%
17-18 0.4% 1.4%
18-19 0.6% 1.6%
19-20 0.8% 1.8%
20-25 1% 2%

Contributions to the solidarity pension fund over 25 times the minimum monthly salary are capped

Leave Policy
01.

Maternity Leave

Expectant mothers are entitled to 18 weeks’ maternity leave, paid at 100% of their average salary. At least one week of leave must be taken before the due date, extended to two weeks when medically necessary. The employer pays the maternity leave and is reimbursed by social security.

02.

Paternity Leave

Fathers are entitled to eight working days’ paternity leave, paid at 100% of their average salary. Again, this is paid by the employer and claimed back from social security.

03.

Sickness Leave

An employee is entitled to two days’ sick pay from their employer at two-thirds of their average salary. After the initial two days, the employer continues to pay for up to 180 days but is reimbursed by social security. If the absence is due to a work-related accident or illness, the employee will be entitled to 100% of their average salary. Medical authorisation from a Colombian social security entity will need to be obtained so the employee can be paid when they are unable to attend work.

Onboarding

Onboarding

As the legal employer, Emerald Technology requires the following employee documents to ensure complete compliance:

Emerald Technology can onboard employees in Colombia within 48 hours.
Termination

Resignation and Dismissal

When an employer dismisses an employee it must be with just cause and they must give them notice. The notice period starts from the day after the employer notifies the employee of the termination. Notice must be given in accordance with the following schedule at a minimum:

The employee may unilaterally terminate the employment contract by giving the employer notice in writing. The required notice may vary depending on what has been agreed in the contract of employment but is generally a minimum of 30 days.

An employee on a fixed term contract will need to be provided with 30 days’ written notice by the employer before the end of the contract term. If this is not provided, then the contract will be assumed renewed. An employer may terminate employment without incurring liability if a justified cause established by law is relevant. These are mostly based around misconduct and poor performance.

At least 15 days’ notice is required for termination due to poor performance. In cases of misconduct, notice is not required, and termination can take place immediately.

Compensation

In addition to notice, employees will also be entitled to compensation payments based on salary once they have completed one year’s service, if employment is terminated without a justified cause (30 day’s salary for each year, up to a maximum of 330 days). The employee will also be entitled to payment of notice days if prior notification was not given, as well as payment of any annual leave days not taken.

If employment was based on a specific contract or task and this ends prematurely, the employee will be entitled to 2.5 days of salary for each month worked.

If an employee is made redundant there will still be a compensation payment. However, this will be at a reduced rate, typically 50% of the monthly salary. An employee will not be entitled to compensation payments based around dismissal regarding the conduct of the employee.

An employee may terminate the employment relationship by constructive dismissal if the employer fails to discharge his or her obligations under the contract. In this case the worker is entitled to payment in lieu of notice, and to an indemnity equal to that which is payable by the employer in the case of dismissal without cause.

Severance

If an employee is made redundant, they are entitled to a payment based on years of continuous service.

Terminations without cause are valid but there will be a required severance payment. Examples of justified cause are acts of violence, intentional damage to company property, disclosing commercial or technical secrets, underperformance, and breach of H&S.

In cases of termination without just cause, the employee will be entitled to the following severance payments as well as any outstanding salary payments:

Employees earning less than 10 legal monthly minimum wages are entitled to 30 days salary for up to one years’ service and an additional 20 days for each further years’ service, proportional to the fraction of the year.

Employees earning more than 10 legal monthly minimum wages are entitled to 20 days salary for up to one years’ service and an additional 15 days for each further years’ service, proportional to the fraction of the year.

Employees on a fixed term contract are entitled to severance that is equal to the salary owed until the term of the agreement expires.

There are certain cases where it is not possible to terminate employment, even if there is a just cause, without authorisation from the Ministry of Labour or a Labour Judge.

These cases include:

Employees who are, or have partners who are, pregnant or on maternity leave;

Employees that are on sick leave or have restrictions that substantially limit their ability to complete their duties;

Employees less than three years away from retirement;

Employees under temporary collective bargaining protection (fuero circunstancial).

Time off

Statutory Time off

Full-time employees are entitled to a minimum of 15 paid working days’ annual leave per annum, continuous or consecutive, to which all workers who have worked during a calendar year are entitled. The annual leave entitlement may be divided if agreed between employer and employee and 9 days carried over to the following year.

Public Holidays

  • New Year’s Day
  • Epiphany
  • Saint Joseph’s Day
  • Maundy Thursday
  • Good Friday
  • Labour Day
  • Ascension Day
  • Corpus Christi
  • Feast of the Sacred Heart
  • Feast of Saints Peter and Paul
  • Independence Day
  • Battle of Boyaca Day
  • Assumption of Mary
  • Day of the Races
  • All Saints’ Day
  • Cartagena Independence Day
  • Feast of the Immaculate Conception
  • Christmas Day
Emerald Technology can onboard employees in Colombia within 48 hours.
Salary / Taxes

Work, Pay and Taxes

01.

Minimum wage

The national minimum wage in Colombia, as of January 2022, is 1,000,000.00 Colombian Peso (COP) per month. Additionally, employees that earn up to two times the monthly minimum wage are entitled to a transportation allowance of 117,172.00 COP per month

02.

Working time and Overtime

Working hours in Colombia should not exceed 48 hours per week. Overtime hours should not exceed 12 hours per week. Overtime is paid at an additional 25% and 75% for Sundays. If overtime is completed on a Sunday, the employee will be entitled to one rest day in the week without deduction from salary. Employees who work between 10pm – 6am are entitled to an additional 35% salary based on the daytime salary and overtime at 75%. Employees must have at least 1 paid day off every 6 days (usually Sundays).

03.

Salary Payments in Colombia

Salaries in Colombia are generally paid on a monthly basis around the last working day of the month. Some industries may pay bi-weekly with payments made at the middle and end of the month. A 13th month salary payment (aguinaldo) is mandatory. This payment is split into two, the first half paid in the first 2 weeks of June and the second half within the first 20 days of December.

04.

Bonus

Employers in Colombia are required to pay one additional monthly salary, divided into two payments, one in June and one in December.

05.

Colombia's Income Tax

The Colombian tax year runs from January to December. It is the employer’s responsibility to ensure taxes are paid from salaries before payments are made to employees.
The general personal income tax rates are listed below as guidance. One unit is equal to approximately 36,308.00 COP

Salary Tax Payable
0 – 1,090 0%
1,090 – 1,700 19%
1,700 – 4,100 28%
4,100 – 8.670 33%
8,670 – 18,970 35%
18,970 – 31,000 37%
31,000+ 39%
Country Colombia

Worker misclassification in Colombia

Similar to other countries, Colombia has strict rules on classifying individual contractors and full-time employees differently. Misclassifying your workers can put your business at risk of fines.

Group 1977

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