COLOMBIA Trends and Developments Contributed by: Jaime Trujillo, Juan David Velasco, Natalia Ponce de León and Angelica Navarro, Baker McKenzie S.A.S.
of sexual harassment in the workplace and conse - quently update workplace regulations. New labour inspection model Employers must align with the new labour inspec - tion model established by the Ministry of Labour. This model, referred to as the “Inspection with Purpose”, modernises labour and social security inspections and introduces a human rights-based approach. Its primary objective is to unify inspection criteria at the national level and ensure consistent and equitable enforcement actions aimed at eliminating discrimina - tion in the workplace. The new model incorporates principles such as in dubio pro operario, a preventative approach, and the recognition of violence and rights violations, includ - ing discrimination, xenophobia, ableism and ageism. Employers must prepare for inspections based on six mandatory approaches: differential, gender, disability, ethnic (with an anti-racist perspective), life-course and intersectional. These inspections (preventative, reac - tive or Ministry-initiated) will be unannounced and prioritised in cases of potential labour violations, vio - lence or infringements of trade union rights. Employ - ers must also certify discrimination-free conditions, maintain accessible documentation, and ensure infor - mation availability for oversight. In addition, inspections under the “Inspection with Purpose” framework will be conducted directly by the “Elite Inspection Group”. This specialised group, with a differential and gender-based approach, will be responsible for carrying out site visits, urgent protec - tion measures, and other procedures associated with the new model. Shift from comprehensive salaries to ordinary salaries A noticeable market trend has emerged involving the execution of addenda to employment agreements to transition employees from a comprehensive salary scheme ( salario integral ) to an ordinary salary struc - ture. This development is largely driven by the sig - nificant increase in the statutory minimum wage for 2026, which directly affects the minimum threshold required to maintain a valid comprehensive salary arrangement.
Under Colombian law, a comprehensive salary must be at least 13 times the statutory minimum wage. As a result, increases in the minimum wage raise the legal floor for employees to remain under this compensa - tion scheme, prompting employers to reassess exist - ing arrangements. For 2025, the statutory minimum wage was COP1,423,500, and the statutory minimum compre - hensive salary was COP1,750,905. For 2026, the statutory minimum wage is COP18,505,500, and the statutory minimum compre - hensive salary is COP22,761,765. Mandatory registration of vacancies New regulation introduces obligations regarding the registration of job vacancies. Employers must report all vacancies within ten business days of their creation through authorised providers of the Public Employ - ment Service, including minimum required information such as occupation code, candidate profile, salary, location, qualification level and work modality (on-site, remote or hybrid). Employers may refrain from publishing certain strate - gic vacancies, including executive roles, special pro - jects or internal promotions, where valid justification exists. Compliance will be subject to oversight by the Administrative Unit of the Public Employment Service. Standards for workplace lactation rooms New rules strengthen requirements for workplace lactation rooms, making them mandatory for larger employers (those with capital exceeding 1,500 mini - mum wages or more than 50 female employees). Key obligations include registration with health authorities, defined certification and inspection timelines, appoint - ment of a trained person in charge, and mandatory record-keeping on use, cleaning and maintenance. These requirements apply regardless of hybrid work arrangements, and employers must comply within a non-extendable three-month transition period.
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