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Every job contract is presumed indefinite

Last verified: 2026-10-30 · Status: Stable

Abroad employers often rely on fixed term or rolling contracts; here every employment contract is presumed indefinite and a fixed term fits only three cases. Fixed term and project contracts must be written, and a written contract goes to the labor authority in three days. There is no trial period by name, but notice and cesantía only start after three months of work.

Key facts

Default employment contract	Indefinite Ley 16-92 art. 34, as of 2026-10-30 · in force
Lawful cases for a fixed term	3 casesLey 16-92 art. 33, as of 2026-10-30 · in force
Months before notice and cesantía start	3 monthsLey 16-92 art. 76 and art. 80, as of 2026-10-30 · in force

The rule

1. Every employment contract is presumed to be for an indefinite time. Contracts for a fixed term or for a specific work or service must be written.Ley 16-92, Código de Trabajo, art. 34, 1992-05-29 official text · verified 2026-10-30

2. A contract can only be for a fixed term if that fits the nature of the service, if it temporarily replaces a worker on leave, vacation or other temporary absence, or if it suits the worker's interests.Ley 16-92, Código de Trabajo, art. 33, 1992-05-29 official text · verified 2026-10-30

3. Notice applies from three months of continuous work and cesantía from the same point, so the first three months carry neither.Ley 16-92, Código de Trabajo, art. 76 and art. 80, 1992-05-29 official text · verified 2026-10-30

4. A written contract is made in four originals. The employer sends two to the labor authority within three days.Ley 16-92, Código de Trabajo, art. 22, 1992-05-29 official text · verified 2026-10-30

5. If a worker carries on after a fixed term ends with the employer's knowledge, the contract turns indefinite from day one.Ley 16-92, Código de Trabajo, art. 73, 1992-05-29 official text · verified 2026-10-30

Worked example

A company hires a sales rep on a six month contract, then renews it twice. The job meets a permanent need of the business, so art. 33 is not met and the contract should be treated as indefinite, with cesantía counted from the first day.

Step by step

Use an indefinite contract by default.
If the job truly fits art. 33, write down why.
File written contracts within three days.
Review new hires before the third month ends.
Stop work on the end date or accept the contract is indefinite.

Common traps

An oral contract is valid and is indefinite, so a missing contract does not avoid liability.
Calling someone a contractor does not settle status if the person works under direction.
Art. 75 limits notice during any period in which the employer has guaranteed the work.

Sources

Código de Trabajo, Ministerio de Trabajo edition

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