Countries › Colombia › Guide › 7. Labor and employment › Employment contracts in Colombia: indefinite by default, fixed term capped at four years, probation and work rules

Employment contracts in Colombia: indefinite by default, fixed term capped at four years, probation and work rules

Last verified: 2026-10-26 · Status: Changing

Since the 2025 labor reform the indefinite contract is the rule in Colombia; fixed term and works contracts are exceptions that must be in writing, and fixed term contracts may not run more than four years in total. A written probation period of up to two months (one fifth of the term for contracts under a year) lets either side end the contract without notice or compensation. Any employment relationship exists when there is personal work, subordination and pay, whatever the paper says, so disciplinary sanctions must follow a written due process and labor claims prescribe in three years.

USD figures use the TRM (tasa representativa del mercado) of COP 3,158.43 per US dollar, valid 24 to 26 October 2026, from the official TRM series published by the Superintendencia Financiera on the national open data portal (datos.gov.co). Conversions are for orientation only.

Key facts

Default employment contract	indefinite CST art. 47 (Ley 2466 de 2025 art. 5), as of 2026-10-26 · in force
Maximum total length of a fixed term contract including renewals	4 yearsCST art. 46 (Ley 2466 de 2025 art. 6), as of 2026-10-26 · in force
Maximum probation period	2 monthsCST art. 78, as of 2026-10-26 · in force
Minimum time for the worker to respond in a disciplinary process	5 daysCST art. 115 (Ley 2466 de 2025 art. 7), as of 2026-10-26 · in force
Prescription of labor claims	3 yearsCST art. 488 (Ley 2466 de 2025 art. 62), as of 2026-10-26 · in force
Resignation notice by the worker, indefinite contract	30 daysCST art. 47, as of 2026-10-26 · in force

The rule

1. An employment contract exists whenever three elements meet: personal work by the worker, continuing subordination to the employer and a salary. Once they are present the relationship is a labor contract regardless of the name the parties give it, and the 2025 reform added that subordination must respect the worker's honor, dignity and minimum rights.
Cost to do it: No filing or registration fee; the cost of a misclassified contractor is back pay of benefits, social security arrears and the penalties on the dismissal and benefits pages.Código Sustantivo del Trabajo (Decreto Ley 2663 de 1950), as amended by Ley 2466 de 2025, Art. 23 lit. b (Ley 2466 art. 16) and art. 24, 2025-06-25 official text · verified 2026-10-26

2. The indefinite contract is the default. Fixed term, works or task, and occasional contracts are exceptions. A fixed term contract must be in writing and may not exceed four years in total including renewals; if neither side gives written notice 30 days before expiry it renews for the same term. Contracts under one year may be extended by written agreement as often as the parties wish, but after the fourth extension each renewal runs for at least one year; if they renew automatically, the fourth automatic renewal is for one year. A fixed term or works contract that lacks the written form, or a worker kept on after the work ends, is treated as indefinite.Código Sustantivo del Trabajo, as amended by Ley 2466 de 2025, Art. 46 (Ley 2466 art. 6) and art. 47 (Ley 2466 art. 5), 2025-06-25 official text · verified 2026-10-26 · changed: Ley 2466 de 2025 (Diario Oficial 53.160, 25 June 2025) made the indefinite contract the rule and capped fixed term contracts at four years; before, fixed term contracts of up to three years could be renewed indefinitely.

3. A probation period must be agreed in writing; otherwise there is none. It may not exceed two months, and for fixed term contracts under one year it may not exceed one fifth of the initial term (still within two months). It is valid only in the first of successive contracts between the same parties. During probation either party may end the contract at any time without notice, and the worker earns all statutory benefits.
Example: On a six month fixed term contract the longest valid probation period is 36 days (one fifth of 180 days); on an indefinite contract it is two months. / Not a monetary rule; no USD equivalent.Código Sustantivo del Trabajo, Art. 77, art. 78 (Ley 50 de 1990 art. 7) and art. 80 (Decreto 617 de 1954 art. 3), 1990-12-28 official text · verified 2026-10-26

4. Disciplinary sanctions require a written due process: formal notice of the opening, written statement of the facts, delivery of the evidence, at least five days for the worker to respond and bring evidence, a reasoned decision, a proportionate sanction and the right to challenge it. A unionized worker may be assisted by up to two union representatives. Employers had 12 months from 25 June 2025 to update their internal work rules (reglamento interno de trabajo). Households and micro and small companies with fewer than 10 workers need only hear the worker before deciding.Código Sustantivo del Trabajo, as amended by Ley 2466 de 2025, Art. 115 (Ley 2466 art. 7), 2025-06-25 official text · verified 2026-10-26 · changed: Ley 2466 de 2025 art. 7 replaced the old one paragraph rule (hear the worker and two union representatives) with a seven step procedure; the deadline to adapt internal work rules ran to 25 June 2026.

5. Once adopted, the internal work rules must be published by posting two legible copies in two different places and through a digital medium the workers can access at any time; with a digital publication a single physical posting suffices even with several workplaces.Código Sustantivo del Trabajo, as amended by Ley 2466 de 2025, Art. 120 (Ley 2466 art. 8), 2025-06-25 official text · verified 2026-10-26

6. A party that ends the contract unilaterally must state the reason at the time of termination; it cannot later rely on different reasons.Código Sustantivo del Trabajo, Art. 66 (text set by Decreto 2351 de 1965 art. 7 par., Diario Oficial 31.754), 1950-08-05 official text · verified 2026-10-26

7. Claims under the Labor Code prescribe in three years from the date each obligation became payable, unless a special period applies.Código Sustantivo del Trabajo, as amended by Ley 2466 de 2025, Art. 488 (Ley 2466 art. 62), 2025-06-25 official text · verified 2026-10-26

8. Paid domestic workers must be hired on a written contract, of any type, and registered in the integrated contribution form (PILA); the registration is for publicity and is not a condition of validity. Decreto 993 de 2026 regulates the sector, including the 42 hour week from 15 July 2026.Ley 2466 de 2025; Decreto 993 de 2026 (adds chapter 2.2.9.10 to Decreto 1072 de 2015), Ley 2466 art. 33; Decreto 1072 art. 2.2.9.10.1.3 and 2.2.9.10.1.5, 2026-08-04 official text · verified 2026-10-26 · changed: Decreto 993 de 2026 (4 August 2026, Diario Oficial 53.578 of 5 August 2026) regulated domestic work formalization from 6 August 2026.

9. Foreign workers enjoy the same labor guarantees as nationals regardless of migration status, and migration status cannot be used to deny labor or social security rights.Ley 2466 de 2025, Art. 37, 2025-06-25 official text · verified 2026-10-26

Type	Form	Duration	Renewal	If rules are broken	Rule
Indefinite (término indefinido)	Written or oral	Open ended	Not applicable	Default type	CST art. 47
Fixed term (término fijo)	Written	Up to 4 years in total	Automatic for the same term unless 30 days' notice; under one year, the fourth renewal is for at least one year	Treated as indefinite	CST art. 46
Works or task (obra o labor)	Written, describing the work precisely	Until the work ends	Not applicable	Treated as indefinite	CST art. 46
Occasional (ocasional, accidental o transitorio)	Any	Not over one month, outside normal activities	Not applicable	Treated as indefinite	CST art. 6 and 47
Apprenticeship (aprendizaje)	Written	Up to 3 years	Not applicable	Special fixed term labor contract	CST art. 81 (Ley 2466 art. 21)

Contract types under the Labor Code after Ley 2466 de 2025

Worked example

A US company's Colombian SAS hires a sales analyst for a six month product launch at COP 4,000,000 a month (about US$1,266.45). It signs a written six month fixed term contract with a 36 day probation period (one fifth of the term). If neither side gives written notice by day 150, the contract renews for six more months, and the four year cap counts from the first day.
Four months in, the analyst misses targets. The company opens a disciplinary process in writing, sends the evidence, gives five days to respond and then issues a reasoned warning that the analyst may challenge (CST art. 115). A dismissal later must state its cause in the termination letter (CST art. 66).

Step by step

1. Decide the contract type: indefinite unless the need is time bound; document why a fixed term or works contract is used.
2. Put the contract in writing with the salary, workplace, schedule, probation period (written, up to two months) and, for fixed term, the end date.
3. Before the first day, affiliate the worker to health (EPS), pension (AFP or Colpensiones), occupational risk (ARL), severance fund and family compensation fund, and include the worker in the PILA form.
4. Adopt or update the internal work rules with the Ley 2466 disciplinary procedure and publish them physically and digitally (CST art. 115 and 120).
5. Calendar fixed term expiry dates: written non renewal notice is due at least 30 days before expiry (CST art. 46).
6. Keep personnel files for at least the three year prescription period (CST art. 488).

Common traps

Oral fixed term contracts. A fixed term or works contract not in writing is an indefinite contract (CST art. 46 and 47).
Probation in renewals. A probation clause in a second contract with the same worker is invalid (CST art. 78).
Renewing past four years. Total time on fixed term contracts cannot exceed four years; for contracts in force on 25 June 2025 the four years count from that date (Ley 2466 art. 6).
Calling an employee a contractor. If there is personal work, subordination and pay, a services contract is a labor contract (CST art. 23 and 24); see labor/outsourcing-and-temporary-staffing.
Skipping due process. A sanction or dismissal for misconduct without the art. 115 procedure is exposed to challenge; small employers under 10 workers still must hear the worker first.

Sources

← Employing people in Colombia: contracts, hours, pay, social security and dismissalMinimum wage in Colombia 2026: COP 1,750,905 a month, transport allowance, integral salary and how the rate is set →