Nearly 25% of reported workplace complaints involve conduct that affects dignity or mental health, a scale that demands clear, rights-based responses.
We frame our approach around national law and humane governance. Our goal is to align internal rules with recent reforms so the company acts fairly and consistently.
Internal Work regulations serve as our playbook. They set schedules, safety standards, and clear procedures for written notices and access to evidence.
We emphasize due process for all parties, training for managers, and protections against harassment and retaliation. This guide helps us protect rights and reduce disputes while keeping a productive work environment.
Key Takeaways
- We ground disciplinary practice in law and workplace governance.
- Internal Work Regulations are our central operational tool.
- Recent reforms require procedural updates and clearer notice rights.
- We prioritize fairness, protection, and documented decisions.
- Training and communication reduce conflicts and support labor harmony.
Understanding the legal basis: Substantive Labor Code, Internal Work Regulations, and Law 1010 of 2006
Our legal framework rests on clear statutes that set duties, limits, and remedies for work conflicts. We use that basis to align policy with legal obligations and to protect basic rights.
What the Substantive Labor Code requires
The substantive labor code sets the core duties and lawful grounds for action between employer and employees. It defines obligations, permissible sanctions, and due process standards.
Internal Work Regulations as backbone
Internal work regulations must be approved, registered, and published when thresholds apply. They provide schedules, safety rules, and internal complaint routes that make procedures enforceable.
Law 1010 of 2006: harassment prevention and sanctions
Law 1010 defines workplace harassment as persistent, demonstrable conduct aimed to intimidate or force resignation. It lists presumed behaviors, clarifies acts that are not harassment, and mandates preventive and confidential mechanisms.
| Legal Source | Core Requirement | Remedies/Sanctions | Operational Link |
|---|---|---|---|
| Substantive Labor Code | Due process; lawful grounds | Proportional sanctions; judicial review | Procedures for notices and evidence access |
| Internal Work Regulations | Approval, registration, publication | Enforceable rules; administrative penalties | Work schedules, safety, reporting channels |
| Law 1010 of 2006 | Harassment prevention and correction | Fines, contract effects, health cost-sharing | Confidential reports, conciliation, anti-retaliation |
Employee discipline Colombia
We center every corrective step on respect for dignity and the right to fair treatment at work. Law 1010 of 2006 reinforces the duty to protect privacy, honor, and mental health while preserving harmony and a healthy workplace.
Core principles: dignity at work, fairness, and protection of rights
Dignity at work guides our rules. We embed respect and fairness into each step so labor rights are upheld.
Transparent process matters. We align managerial actions with law and internal policies to ensure impartial handling and clear conditions.
- We assess facts objectively and grant access to information and a chance to be heard.
- Measures are proportional to conduct and surrounding conditions to avoid arbitrary outcomes.
- Privacy and mental health receive special protection when handling evidence and communications.
- Objective performance indicators inform evaluations, reducing bias and protecting rights.
We invest in training so everyone—both employee and employer—understands standards and dispute prevention. Early resolution and de-escalation keep the workplace healthy and compliant with applicable law.
Designing compliant Internal Work Regulations to manage conduct and disputes
We design internal rules to make conduct expectations clear and enforceable across the business. Our internal work regulations set the baseline for hours, schedules, rest, pay, and safety.
We require a written draft that follows the Substantive Labor Code and reflects company realities. The document spells out rights, obligations, leaves, vacations, sanctions, and confidential procedures for complaints.
Participation, approval and publication
We involve relevant parties when writing rules, balance managerial prerogatives, and collect feedback. Approved texts must be registered with the Ministry of Labor and delivered to all staff. Law 2466 of 2025 requires updating the disciplinary provisions within 12 months of June 25, 2025, and publishing in two physical locations plus a virtual format.
Updates and operational provisions
- Include hygiene and safety measures and clear reporting roles.
- Set confidential, conciliatory procedures aligned with Law 1010.
- Schedule periodic reviews so regulations stay current and proportionate.
Step-by-step disciplinary procedure under the latest rules
We set a clear, step-by-step process so every case follows the new legal timelines and safeguards. These steps ensure transparency, access to evidence, and an orderly chance to respond under the updated law.
Written notice and access to evidence
We begin with a formal writing that states the initiation and lists charges with enough detail to allow an effective defense. The notice also explains how the parties can review the files supporting the case.
Minimum defense window and representation
We provide a minimum of 5 days for a written response. Unionized workers may bring a union representative who is from among the employees to accompany hearings and maintain confidentiality.
Exceptions for small employers
For domestic staff and micro/small firms with fewer than 10 workers, the employer must hear the person before taking measures. Documentation is adapted but we still record the outcome and terms.
Documenting decisions and applying sanctions proportionally
We record the rationale, evidence assessment, and final decision to reduce future challenges. Sanctions follow a calibrated catalog that links severity and recurrence to appropriate measures under the labor code.
- We document all exchanges and preserve timelines.
- We add appeal or reconsideration steps where useful to strengthen fairness.
- We close cases with clear communications that protect confidentiality and set actionable terms.
Practical note: Our internal work regulations will be updated within the required months and managers trained to apply these steps uniformly.
Documenting performance issues and misconduct the right way
Clear, contemporaneous records make a case defensible and keep our processes transparent.
We gather dated evidence for each case, including objective performance metrics, witness statements, and system logs. Law 1010 of 2006 confirms that reasonable, general performance indicators are not harassment when applied fairly.
Evidence, records, and evaluations based on objective indicators
We define measurable criteria in our Internal Work Regulations so employment evaluations reflect job requirements and are shared in advance.
- We document tools, training, and workload to assess conditions before attributing fault.
- We standardize templates for notices, warnings, improvement plans, and summaries to ensure consistent terms.
- We store records securely with controlled access and log any review of files.
| Item | What we record | Purpose | Retention |
|---|---|---|---|
| Performance metrics | Dated outputs, KPIs, attendance | Objective evaluation | 2 years or as required |
| Witness statements | Signed, dated accounts | Corroborate facts | Case closure +1 year |
| Improvement plans | Goals, timelines, follow-ups | Coaching vs. sanction | Until goals met or formal action |
We distinguish performance gaps from misconduct and confirm applicable employer obligations before considering termination. Documentation supports due process and makes decisions explainable if challenged.
Workplace harassment: prevention, internal handling, and escalation
We define harassment as persistent, demonstrable conduct intended to create fear or force resignation under Law 1010 of 2006. Examples include public insults, threats of unjustified dismissal, discriminatory treatment, withholding essential tools, excessive hours without basis, and abrupt unjustified changes.
We map those examples against lawful managerial acts. Legitimate supervision, reasonable performance requirements, and lawful administrative terminations remain valid when supported by facts and procedure.
Our confidential, conciliatory internal procedure emphasizes early intervention and mediation. We document steps, preserve evidence, and offer support channels to reduce ongoing risk.
Escalation, protections and remedies
When internal resolution stalls, we guide people to labor inspectors, municipal ombudsmen, or conciliation centers. Claimants and witnesses get six months of protection against retaliation.
- Preventive measures: clear policies, awareness campaigns, manager coaching, and climate monitoring.
- Sanctions and remedies: fines (2–10 SMLMV), contract effects, and employer cost-sharing for health treatments.
- Obligation: we update regulations and protocols to ensure timely care and corrective action.
We require neutral documentation and fair treatment to protect rights and reduce legal risks for both workers and employers.
Dispute resolution tools: internal mechanisms, conciliation, and negotiated outcomes
We prioritize resolving conflicts through structured, confidential routes that protect rights and preserve workplace relationships. Our internal confidential procedure begins with intake, a quick assessment, and facilitation by trained staff or a bipartite committee when our regulations allow it.
Internal procedures and bipartite committees
We use intake forms, risk assessment, and neutral facilitation to move a case toward agreement. Bipartite committees help when the company size or union agreements require joint participation.
Labor conciliation: scope, process, and enforceability
Conciliation handles disputable rights and uncertain claims, but it cannot waive non‑negotiable protections. The typical steps are:
- Identify the conflict and invite the parties.
- Call for conciliation with a competent, impartial conciliator.
- Hold a confidential meeting and negotiate.
- Record a written agreement with clear terms and timelines.
- Register or enforce the agreement as required.
- Duly executed conciliation accords have judicial force and reduce litigation risk.
- Select services and conciliators for labor expertise, impartiality, and accessibility.
- Document lessons from each process to refine training and prevention.
Sanctions, termination decisions, and legal exposure
When sanctions, terminations, and legal exposure intersect, we apply a clear decision framework tied to evidence and proportionality. This reduces risks and helps us document just cause under the labor code before making contract changes.
Graduation of sanctions and just cause analysis
We match misconduct categories to proportionate sanctions and record the factual basis. Warnings, suspensions, corrective plans, and termination follow a calibrated scale that ties severity to documented proof.
Indirect dismissal risks, non-payment issues, and compensation exposure
Persistent delay in payment of wages can justify resignation with cause and compensation claims. Article 57 and Supreme Court guidance (SL5159-2018) note that delay need not be prolonged and that late payment after separation does not cure the cause.
Fines, suspension, and cost-sharing for harassment cases
Proven harassment can trigger fines (2–10 SMLMV), contract effects, and health cost‑sharing. We use suspension or other corrective measures when evidence supports temporary restrictions while investigations proceed.
- We update termination checklists to reflect recent jurisprudence and required changes.
- We track payment timelines so the employer must pay on schedule and reduce indirect dismissal exposure.
- We train managers to escalate high‑risk cases and seek legal review before final actions.
Operational updates we must implement now in Colombia
Immediate operational steps will align our policies with recent statutory deadlines and payroll changes. We set a focused project plan to update work regulations and adjust schedules, payroll, and publication practices within the required months.
Amending internal work regulations to reflect the new process
Law 2466 of 2025 requires companies to update internal work regulations within 12 months from June 25, 2025. We will map the new procedural steps into our rulebook and finish edits on time.
Working hours, night work, and surcharge dates
We will change hours to a 44‑hour week from July 15, 2025, and 42 hours from July 15, 2026. Night work runs from 7:00 p.m. to 6:00 a.m. as of December 25, 2025.
Sunday and holiday surcharges will be phased to 80% (July 1, 2025), 90% (July 1, 2026), and 100% (July 1, 2027).
Publication and operational controls
The employer must publish internal work regulations in two physical locations and online. For multi‑site operations, virtual publication covers additional workplaces.
- Update rostering, payroll, and security checks to reflect the new hours and surcharges.
- Remove prior overtime authorization, strengthen recording, and avoid a 6‑month suspension risk for unpaid overtime.
- Revise contracts, handbooks, and training to communicate changes to companies’ teams and to audit compliance before enforcement dates.
Moving forward with a fair, compliant, and conflict-ready workplace
Our roadmap balances legal compliance with clear procedures that support a respectful workplace.
We commit to a culture of respect at work and a safe workplace by embedding due process, living internal work regulations, and consistent enforcement across the company.
We will train leaders and employees on rights and responsibilities, institutionalize early resolution and mediation, and track contract decisions, payment controls, and wages timeliness so the employer must pay when due.
We pair policy with practice: document facts, protect privacy, apply proportionate measures, and align schedules with updated time rules and security needs.
In practical terms, our roadmap is simple: update regulations, train teams, monitor compliance, and keep communication open to sustain a fair, compliant, and conflict-ready workplace.
