Introduction: What Are the Legal Working Hours in Colombia?
Have you ever wondered how many hours someone can legally work in Colombia? The answer isn't as simple as it seems, because the Colombian Labor Code (Código Sustantivo del Trabajo) establishes different categories of work schedules, each with its own rules. Whether you're looking for a job, need to negotiate your contract, or simply want to understand your rights as a worker, understanding the regulations on working hours is essential.
In this guide, we'll explain everything you need to know about working hours in labor contracts in Colombia, from the maximum legal work hours to how overtime is calculated. Remember: each case is unique and may have particularities that only a labor attorney can evaluate specifically for your situation.
Work Schedules in Colombia: Basic Legal Framework
The Código Sustantivo del Trabajo (CST), in articles 158 and following, establishes the fundamental rules about work schedules in Colombia. The basic principle is that the ordinary work schedule cannot exceed 8 hours per day or 48 hours per week.
Types of Work Schedules
The CST recognizes three main categories of work schedules:
- Day Shift: This is the period between 6:00 a.m. and 6:00 p.m. This is the regular schedule and the most common in most jobs in Colombia.
- Night Shift: This covers the period between 6:00 p.m. and 6:00 a.m. By law, those working night shifts are entitled to a 35% surcharge on the value of the ordinary hour.
- Mixed Shift: This combines periods of day and night shifts, provided that no more than 3 hours correspond to night. In this case, the 35% surcharge applies only for hours worked during nighttime hours.
The classification of your work schedule is not just an administrative detail: it directly determines your compensation and your labor rights. That's why, if you have doubts about which type of schedule applies to your contract, contact us to evaluate your situation with an attorney who can evaluate your specific case.
Overtime: Everything You Need to Know
Overtime hours are those that exceed the maximum ordinary schedule of 8 hours per day or 48 hours per week. The Código Sustantivo del Trabajo regulates them in articles 159 and following, establishing both workers' rights and employers' obligations.
Types of Overtime and Their Surcharges
- Daytime overtime: 25% surcharge on the value of the ordinary hour.
- Nighttime overtime: 75% surcharge on the value of the ordinary hour (35% for night work + 40% for overtime).
- Sunday or holiday overtime: 75% surcharge (if daytime) or 110% (if nighttime).
How Overtime is Calculated
To better understand how the calculation works, let's say your monthly salary is $2,000,000 COP and you work 2 additional daytime overtime hours in one day. First, the salary is divided by 240 (which is the result of multiplying 8 hours by 30 days) to obtain the value of the ordinary hour. Then, the 25% surcharge is applied to that value.
This is just a generalized example. In practice, the calculation may vary depending on bonuses, allowances, or if you have an integral salary. A labor attorney can make the exact calculation for your specific case and verify that your employer is complying with all obligations.
Rest and Break Rights
In addition to working hours proper, the Código Sustantivo del Trabajo establishes fundamental rest rights that every employer must respect:
- Weekly Rest: Every worker is entitled to one paid rest day for every 6 days of work. Generally it's Sunday, although another day can be agreed upon.
- Break Time During Work: During the workday, the worker is entitled to a break of at least 30 minutes if they work more than 4 continuous hours. This time does not count as work time.
- Vacation: Every worker is entitled to 15 business days of vacation for each year of work. The employer must pay them with the salary the worker is earning at the time of taking the vacation.
These rest rights are fundamental for your well-being and are protected by law. If your employer is requiring you to work without respecting these breaks, you may be facing a violation of your labor rights that requires specialized legal advice.
How to Verify Your Contract Complies with the Law
Now that you know the basic rules, here's a step-by-step guide to verify that your labor contract complies with Colombian regulations:
Step 1: Review the Agreed Hours
Verify that your contract clearly indicates the agreed work schedule. This cannot exceed 8 hours per day or 48 hours per week for the ordinary schedule. If you work more, those hours should be overtime with the corresponding surcharge.
Step 2: Identify Your Type of Schedule
Determine if you work day, night, or mixed shifts. This is important because it directly affects your compensation and your rights. If you regularly work night hours but are paid as daytime, you may be losing money.
Step 3: Verify Overtime Payment
Review your pay slips to verify that overtime is being paid with the surcharges established by law. If you detect inconsistencies, it's time to contact us.
Step 4: Verify Rest Days
Make sure you're receiving your weekly paid rest day and that you're enjoying your vacation. Both are fundamental rights that cannot be denied or conditioned.
If after making this verification you have doubts or detect irregularities, contact us to evaluate your situation with a labor attorney. The exact application of these rules depends on the specific circumstances of each case, and a professional can guide you better.
Frequently Asked Questions About Working Hours
Can my employer force me to work more than 48 hours per week?
No, by law they cannot force you to work more than 48 hours per week in an ordinary schedule. However, you can voluntarily agree to work overtime, but this must be paid with the surcharges established by law. If you feel pressured to work overtime without adequate compensation, it's important to contact us to evaluate your situation.
What can I do if I'm not being paid for overtime?
If your employer is not paying you the corresponding overtime, first try to resolve the problem directly and respectfully, requesting that they pay you what is owed. If this doesn't work, you can file a claim with the Ministry of Labor or initiate a judicial labor process. In any case, it's advisable to have the advice of an attorney who guides you through the process and protects your rights.
Do remote work hours count as working hours?
Yes, the hours you work from home, including remote or hybrid work, also count as working hours and must be paid in the same way. If you're working more time than established in your contract without compensation, you're entitled to claim payment for those hours. Our team can evaluate if your specific situation applies for this type of claim.
Conclusion: Know Your Labor Rights
Understanding the regulations on working hours in labor contracts in Colombia is essential to protect your rights as a worker. The Código Sustantivo del Trabajo establishes clear limits to protect your time, health, and compensation.
Remember that the general rules we have shared may have nuances and exceptions depending on your specific case. For example, some contracts may have special regulations, or certain industries may have different rules. Therefore, if you have doubts about your particular situation, we invite you to consult with us.
Every case is unique. Contact us for a personalized evaluation of your situation.