Services · Labor and Social Security Law
Labor and social security law for companies and workers
At Giraldo Velasco Abogados, we provide legal advice, consulting services, and representation before the courts in labor and social security matters for companies and workers throughout Colombia. We provide services virtually nationwide and in person in Cali, and we travel to other cities when a matter requires it.
Schedule a consultationServices for companies and other employers
We advise companies and other employers throughout the employment relationship, taking a preventive approach to identifying and managing legal risks before they result in disputes or penalties. This support covers everything from hiring through termination of employment, including internal organization, collective bargaining, and dealings with labor and social security authorities.
Hiring and internal organization
We advise on drafting employment contracts and Internal Work Regulations in accordance with current Colombian law and tailored to each company's actual operations.
Disciplinary processes and termination of employment
We advise on the design and implementation of workplace disciplinary proceedings in accordance with due process, the right of defense, and all applicable procedural stages. We also analyze the legal implications of the different forms of employment contract termination.
Collective bargaining and labor compliance
We advise companies on collective bargaining processes and on reviewing their compliance with labor regulations, with the aim of reducing the risk of administrative penalties.
Judicial and administrative representation
We represent companies and employers before labor courts when a dispute requires judicial proceedings, and assist them in administrative proceedings before labor and social security authorities, when applicable.
Types of employment contract
Colombian law recognizes several types of employment contracts, and choosing the one that fits each hire is one of the first decisions that reduces legal risk in the employment relationship.
An indefinite-term contract has no end date agreed in advance and continues for as long as the reasons that gave rise to it and the underlying work remain in place. It is the default type when no other term is agreed.
A fixed-term contract is agreed for a set period that, including renewals, cannot exceed four years (Law 2466 of 2025). It must be in writing, and a party that does not wish to renew it must give at least thirty days’ notice.
An employment contract may include an initial probationary period, within the limits set by law, during which either party may terminate it unilaterally.
A contract for a specific piece of work or task is agreed for the time needed to complete a defined piece of work or task, for occasional, incidental, or temporary work. Under the 2025 labor reform, it must be in writing and must precisely and in detail describe the piece of work or task contracted. If the worker continues to provide services once that work is finished, the contract is deemed to have been an indefinite-term contract from the start, unless a new, different piece of work is agreed, also in writing.
An apprenticeship contract links an apprentice to a sponsoring company during their training, under a special regime that is not equivalent to an ordinary employment contract in all its effects, although it shares several of its protections.
We advise companies on choosing the right type of contract for each hire and on drafting the corresponding contract, as well as on the consequences of changing from one type to another during the employment relationship.
Mandatory committees and internal work regulations
In addition to the individual relationship with each worker, the law imposes certain internal organization requirements on companies, depending on their size and activity.
The Joint Committee on Occupational Health and Safety (COPASST) is mandatory for companies with ten or more workers, and promotes oversight of working conditions and the prevention of workplace accidents and occupational illnesses.
The Workplace Coexistence Committee handles complaints related to alleged workplace harassment and seeks a resolution through dialogue before the matter escalates to other venues.
The Internal Work Regulations set out the conditions that govern the employer and workers throughout the employment relationship, and their content must comply with current regulations.
We advise companies on setting up these committees and on drafting and updating their Internal Work Regulations.
Proceedings before the Ministry of Labor
The Colombian Ministry of Labor becomes involved in the employment relationship mainly through two channels: inspection, oversight, and control, which can start on the Ministry's own initiative or on a worker's complaint, and conciliation, as a way to resolve a dispute before it reaches a court.
When a worker files a complaint, the Ministry may summon the parties to a conciliation hearing and, if no agreement is reached, record that fact so the worker can bring the matter before the labor courts. At the same time, an inspection may lead to formal requests to the company and, if a violation is established, to administrative penalties.
We assist companies from the moment they receive the initial summons or request: we review the file, prepare the response, and represent the company at the hearing. The goal of preventive advice is for the company to reach that stage with its documentation in order, which reduces both the risk of a penalty and the time it takes to resolve the matter.
If the Ministry imposes a penalty and the company disagrees, it may file the administrative appeals available before, if applicable, bringing the matter before the administrative courts.
Services for workers
We also advise and represent workers in matters arising from their employment relationships. We provide guidance on rights and obligations under employment contracts and assist with labor claims, employment termination, and social security matters. When appropriate, we provide representation before the courts.
When a contract is terminated without just cause, the worker may be entitled to severance pay, the amount of which depends on the type of contract and length of service.
Certain workers enjoy special protection against dismissal, known as fuero, on account of their health condition, pregnancy, or union activity, among other grounds recognized by law.
Preventive legal advice and representation before the courts
We distinguish among three types of legal support, depending on the timing and nature of each matter:
Preventive compliance advice is intended to help companies meet current regulatory requirements and reduce the risk of penalties or claims before a dispute arises.
A preventive labor audit helps identify contingency risks before they materialize, by reviewing contracts, payroll changes, social security enrollments, and compliance with committee-related obligations.
Representation before the courts is provided when an existing dispute must be heard by a labor court.
Assistance in administrative proceedings covers procedures before labor and social security authorities, such as the Colombian Ministry of Labor or the UGPP.
Regulatory updates
Labor and social security rules require ongoing review. Our advice takes into account the provisions currently in force and any changes applicable to each matter.
See labor law updatesColombia's 2026 Minimum Wage: What Companies Need to AdjustCoverage and service options
We serve companies and workers throughout Colombia. Legal advice is available virtually nationwide and in person at our Cali office. When a matter requires it, we also travel to other cities to provide in-person service.
Experience in labor and social security law
Ana Luisa Giraldo Velasco is a lawyer specializing in Labor and Social Security Law, with more than 16 years of experience.
View full profileFrequently asked questions
What is the difference between a fixed-term contract and an indefinite-term contract?
A fixed-term contract has an end date agreed in advance and may be renewed, but since Law 2466 of 2025 its total duration cannot exceed four years. An indefinite-term contract has no such end date and continues for as long as the reason that gave rise to it remains in place.
What does the UGPP do, and how is it different from the Ministry of Labor?
The UGPP oversees the correct payment of contributions to the Comprehensive Social Security System and to payroll taxes. The Ministry of Labor oversees general compliance with labor law and handles complaints and conciliations between companies and workers. They are different authorities with different areas of jurisdiction.
Can a company be penalized without a chance to defend itself?
No. In both internal disciplinary proceedings and administrative proceedings before the Ministry of Labor or the UGPP, the company has the right to due process and to present its case before any penalty is imposed.
Where does the firm serve companies and workers from?
We provide services virtually nationwide and in person at our Cali office, and we travel to other cities when a matter requires it.
Does the firm represent both companies and workers?
Yes. We advise and represent companies and employers, and we also advise and represent workers, in labor and social security matters. We do not represent both sides of the same matter.
How long does a worker have to claim employment benefits?
As a general rule, claims arising under labor law expire after three years, counted from when the corresponding obligation became due.
What happens if a company does not enroll a worker in social security?
Failing to enroll a worker on time exposes the company to directly covering the benefits the social security system would have paid, in addition to any applicable administrative penalties.
What is the risk of hiring someone as an independent contractor when, in practice, they work as an employee?
If subordination and a fixed schedule typical of an employment relationship exist in practice, a services agreement may in fact be found to be an employment contract, with the corresponding labor and social security obligations.
Must a company keep paying social security while a worker is on medical leave?
During medical leave, the worker is entitled to a payment from the social security system, and the company must keep the corresponding enrollments and contributions in place for the duration of the leave.
Does company size change which labor obligations apply?
Yes. Some obligations, such as COPASST, depend on the number of workers, but every company, regardless of size, benefits from a preventive review of its labor and social security compliance.
Schedule a consultation on labor and social security law. Consultations are available by appointment, Monday through Friday, from 8:00 a.m. to 5:00 p.m., in person in Cali or virtually from anywhere in Colombia.