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GUIDE TO LABOR LAWS IN COLOMBIA

Many lawyers in Medellín argue that labor laws are extensive, complex and overly protective of the worker. This last characteristic has generated great uncertainty among domestic and foreign businessmen when hiring personnel under the labor regulations.
Within the labor contracts we can find several options offered by the law, such as the indefinite term contract, fixed term contract, labor contract and, finally, a service contract, which, although it is not a labor contract, shares many characteristics and has been the subject of several doctrinal discussions.

Indefinite term contract

It is the employment contract par excellence, it consists of hiring a person who will perform a task personally, will receive a direct consideration for this work and will be performed in a subordinate manner. This contract does not stipulate a fixed term.

Fixed-term contract

It is a contract very similar to the indefinite term contract, its substantial difference is the duration. This contract stipulates a fixed term, which may be for one day, one month or one year, indistinctly. To terminate the contract, notice must be given no less than 30 days prior to the termination date of the contract, otherwise the contract will be extended for a term equal to the initial term and under the same conditions.

Contract for labor work

The essential characteristics of the labor contract persist, the only thing that changes in this type of contract is the way in which the duration is defined. Here what will determine how long the labor relationship will last is the performance of the work or labor entrusted. This contract is commonly seen in the construction sector where the exact duration of the contract is not known.

Service contract

Several lawyers in Medellín and Colombia confuse this contract with a labor contract. The difference lies in the subordination that exists in the employment relationship and direct provision of labor. In a service contract, although a direct consideration is received for the performance of work, there is no subordination and the service does not have to be rendered personally (it can be subcontracted).
 
Team of Attorneys Cuadro Legal

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