Surprising fact: a national law cut the standard work week from 48 to 46 hours on July 15, 2024 — and it will fall to 44 in 2025 and 42 in 2026, all without pay reductions.
We open by clarifying the legal hierarchy that frames these changes: the Constitution, ratified ILO conventions, and the Labor Code form mandatory public policy that cannot be waived.
That means our company must align contracts and internal rules to these standards, although we may offer more favorable terms to staff.
Key practical points: the phased week reduction affects how we compute hourly rates, overtime, and benefits. Statutory surcharges remain: 25% for overtime, 35% for night work (9:00 PM–6:00 AM), and 75% for Sundays and holidays.
We also flag the integrated salary model — a 30% factor for high earners — and note that the Ministry of Labor can sanction noncompliance while employees can seek administrative and judicial remedies.
Key Takeaways
- Law 2101 phases the week down to 42 hours by 2026; pay stays the same.
- Constitution, ILO rules, and the Labor Code are mandatory public policy.
- Surcharges: 25% overtime, 35% night, 75% Sundays/holidays.
- Integrated salary (30%) applies to high wages and alters extras.
- We must update payroll, contracts, and communications to ensure compliance.
working hours colombia under Law 2101: What changed and what stays mandatory
This section explains which laws and treaties fix minimum workplace rights we cannot alter.
The legal framework: the Constitution, the Labor Code, and ratified ILO conventions create non-waivable protections for every employee. Any contract that reduces these core rights is unenforceable. We must keep these safeguards in our policies and agreements.
The phased reduction roadmap
Law 2101 implemented a staged reduction in the maximum working week without lowering pay. The schedule moves from 48 to 46 hours per week on July 15, 2024, then to 44 on July 15, 2025, and finally to 42 on July 15, 2026.
These changes require updates to contracts, payroll calculations, and internal calendars. Employers must preserve the weekly day of rest, typically Sunday, and maintain overtime and night surcharges and other social protections.
Practical obligations and HR checklist
- Record each implementation date and keep evidence for inspections.
- Update payroll formulas so benefits and base salary remain correct.
- Communicate clear information to every employee about limits per week and related obligations.
| Effective Date | Hours Limit | Key Change | HR Action |
|---|---|---|---|
| July 15, 2024 | 46 hours per week | First step reduction | Adjust schedules and payroll |
| July 15, 2025 | 44 hours per week | Second step reduction | Recompute benefits base |
| July 15, 2026 | 42 hours per week | Final step; family day obligation ends | Update contract templates and calendar |
Designing compliant schedules: hours per week, hours per day, and rest periods
We map how to distribute permitted time across days so our rosters remain compliant and fair.
Weekly cap and daily limits: Ordinary time cannot exceed the statutory maximum per week and must include a weekly rest, normally Sunday. We may assign between 4 and 9 hours per day as long as the weekly total stays within the limit.
Distributing the maximum week while preserving weekly rest
We keep Sunday free in standard templates and allocate the permitted hours across the other days. Flexible layouts such as 6×7.66 or 5×9.2 meet the weekly cap and help balance coverage and wellbeing.
How to compute the value of the work hour from monthly salary
Under a 46-hour week we use 230 monthly hours (46 ÷ 6 days × 30 days). To get the hourly rate, divide the monthly salary by 230. This formula must feed our payroll system and any employer agreements.
Daily split rules, unpaid breaks, and flexible models
Each day must split into at least two segments with a rest between them. That rest is not counted as working time for payroll or compliance. We document any flexible distribution agreement and set system alerts to prevent overruns.
| Pattern | Avg hours per day | Weekly total | Notes |
|---|---|---|---|
| 6×7.66 | 7.66 | 46 | Even coverage; preserves single weekly rest |
| 5×9.2 | 9.2 | 46 | Longer shifts, fewer days; requires clear breaks |
| Rotating shifts | Varies | ≤ maximum | Keep rest day fixed each cycle; track partial shifts |
Managing overtime, night work, and Sundays: rates, limits, and exemptions
We present clear steps to compute extra-pay, apply night and Sunday surcharges, and flag exemptions.
Overtime pay calculation and practical examples for regular days
Overtime is paid at a 25% premium over the regular hourly rate for each extra hour beyond the legal limit. To compute, divide the monthly salary by the updated monthly base of hours, then add 25% to that hour value.
Example: if the regular hour equals $10, the overtime hour = $12.50. We show this on payslips so workers see the breakdown.
Night surcharge and work on Sundays and public holidays
Night time runs from 9:00 PM to 6:00 AM and carries a 35% surcharge. Sunday and holiday work receive a 75% surcharge.
When an extra hour occurs at night, both surcharges apply: compute the overtime premium, then add the night percentage to the base hour as required.
Who is not entitled to overtime: integrated salary and trust positions
Employees with an integrated salary (documented in writing and meeting the wage threshold) do not receive overtime. Trust roles also lack overtime but remain entitled to night and Sunday premiums.
| Rule | Rate | Note |
|---|---|---|
| Overtime | +25% | After weekly maximum |
| Night | +35% | 9:00 PM–6:00 AM |
| Sunday/Holiday | +75% | Applies to any shift on those days |
We require written integrated salary agreements, payroll flags, and supervisor checklists to prevent misclassification and ensure week totals do not exceed the legal maximum.
Aligning leave, minimum wage, and social security with your working time system
Our payroll must map salary elements to benefits bases to ensure compliance with minimum wage and social security rules.
Salary vs non-salary: the Labor Code separates fixed and variable pay, commissions, habitual bonuses, and overtime as salary items. Only those items form the base for legal benefits and contribution calculations.
Non-salary payments cannot exceed 40% of total compensation for social security purposes. We enforce this cap monthly so contributions remain accurate and inspections show compliant records.
| Item | Rule | Note |
|---|---|---|
| Integrated salary | ≥ 10 minimum wage; ≥30% factor | Includes premiums, excludes vacations |
| Non-salary cap | ≤ 40% of total | Applied for contribution base |
| Payment timing | Monthly roles: once per month; daily: ≤ 1 week | COP on request at official rate |
We tie time records to the benefits base so overtime and habitual bonuses count as salary for contributions. Integrated salary recipients do not receive separate overtime; the 30% factor adjusts the base accordingly.
Controls and communication: employers must validate pay structures, run monthly checks, and tell employees what counts toward benefits to prevent disputes.
From policy to practice: compliance steps, enforcement risks, and documentation
To move from policy into practice, we adopt a dated roadmap to apply Law 2101, adjust the maximum week, and recompute the hour value by the effective month.
We update contracts and internal rules, log each agreement change, and keep schedules and hour-value computations on file. We configure systems to block excess hours per day and per week and to route overtime approvals.
Inspection readiness: we retain payroll records, authorization logs, communications, and safety-management evidence. That documentation reduces enforcement risk and helps in any administrative or judicial case about social security, pay, or security claims.
Each month we audit compliance, train managers, and timestamp employee acceptances so the company stays prepared for the coming years.
