Employers expanding their workforce in Colombia strive to hire the best employees through careful recruitment strategies, interviews, and references. But even then, they simply cannot guarantee whether the employee will live up to their expectations. For employees, they want the opportunity to showcase their skills and determine whether their values align with the company culture. To allow both parties to evaluate the employment arrangement in Colombia, a probation period (Contrato de Trabajo) is recommended. 

To better understand the probation period in Colombia, this guide explains the legal requirements that employers and employees must follow to mitigate risk. This includes the benefits of probation and how it can help employers build a reliable and high-performance workforce.

Definition of a Probation Period in Colombia

The probation period in Colombia is also known as a trial period or timeframe that allows an employer to assess an employee’s abilities and overall fit within the organization. During this time, the employer will decide whether the employee can perform teamwork, is qualified for the position, and matches the corporate culture. 

Employees can use the probation period to determine whether they can effectively carry out their job duties and get a feel for their work environment. This includes collaborating with their co-workers and meeting their employer’s expectations. 

The Colombian probation period commences on the employee’s first official workday. Depending on the individual’s performance, they are either offered a permanent position, the probation period is extended, or the contract is terminated. If the probation period has not reached its legal limit, it may be extended, but only if agreed upon by the employer and employee. When it comes to termination, the employer or employee can end the contract without prior notice. 

If an employer is satisfied with the employee, they will formally offer the position based on the existing or amended terms of the employment contract. 

When hiring employees in Colombia, the probation period is key to building a successful and ongoing employment relationship.

Lengths of Probationary Periods in Colombia

It is not compulsory to provide new employees with a probation period in Colombia; however, it is common practice. The length of probation depends on the type of employment contract. 

Permanent or Indefinite Contracts

The probation period for permanent or indefinite contracts in Colombia is two months. Only once both parties have agreed on the probation period and signed the contract is it considered valid. The employer and the employee can end the contract at any point during probation without issuing notice. 

Fixed-term or Definite Contracts

Fixed-term contracts of less than 12 months are subject to a probation period of one-fifth of the initial term agreed upon in the contract. Again, the probation for fixed-term or definite contracts may not exceed two months. 

Employees on probation in Colombia must receive paid sick leave. Employers must pay sick leave for the first two days. The social security system will cover payment for the remaining sick leave. If an employee is absent without a medical certificate, the employer can terminate the contract without notice and without violating any anti-discrimination laws. 

Legal Considerations for Probation Periods in Colombia

Even though a probation period in Colombia is not mandatory, it is governed by the Substantive Labor Code (Código Sustantivo del Trabajo). This law defines the terms of probation for new hires for permanent and definite contracts, which cannot be over two months. 

It is important to note that a probation period must be written in the employment contract. In cases where the employee has worked for a specific employer under a former contract, probation will only be valid for the first contract. 

Employers are encouraged to familiarize themselves with probation periods in Colombia to prevent violations involving employee rights. Providing new hires with a probation period may not be statutory in Colombia, but it is considered best practice if you want to avoid the expense of employing an unqualified individual. It serves the benefit of establishing a valuable and trustworthy employment relationship from the start.

Pay and Working Conditions

Probationary employees in Colombia are provided the same rights as full-time employees. This includes access to Colombia’s monthly minimum wage of approximately $470. Working hours consist of eight hours per day over six days, or 48 hours per week. Any work performed outside of the standard working hours is considered overtime and must be paid at a higher rate. 

Employees who are on probation are entitled to annual leave and sick leave. These benefits are accrued and available from their very first day on the job. Workers on probation are further entitled to pension fund contributions and health insurance. 

It is the employer’s responsibility to provide a safe working environment for their employees. This includes access to training and tools to give new employees a fair chance to excel in their job roles. 

Termination and Notice

Colombian employers are not legally required to provide notice to employees on probation regarding contract termination. Employers must act fairly, but they can end the contract at any point during probation without reason. Likewise, probationary employees can terminate the employment contract without notice. 

A full-time or permanent employee must receive written notice along with the reason for termination. Fixed-term contracts are generally issued 30 days’ notice before expiration, whereas indefinite contracts receive 15 days’ notice. 

Vacation/Holidays

The annual paid leave in Colombia is 15 days based on one year of service with the same company. New workers on probation are entitled to mandatory benefits such as annual leave, sick leave, maternity and paternity leave. Benefits, such as paid annual leave, are accrued at a rate of 1.25 days per month. Furthermore, employees receive paid time off for public holidays as mandated by the government. 

Benefits of Probation Periods in Colombia

Hiring a workforce in Colombia means access to skilled workers at affordable labor costs, but finding the right fit of employees can be challenging. Probation periods in Colombia afford employers the time to assess individual skills before offering an employee a full-time contract. 

The following benefits are associated with probation periods in Colombia:

  • For Employees

An employee can apply their skills in the actual work setting, proving they’re qualified for the position. 

Employees on probation in Colombia receive the same benefits as permanent staff and accrue leave entitlements from their first day at work. 

Dissatisfied employees can terminate the contract without issuing notice to the employer, making for an easy exit. 

  • For Employers

Employers can quickly and easily end the employment contract while a new hire is on probation, simplifying finding the right employee for the job. 

An employer can use the two-month probation period to evaluate an employee’s performance before officially hiring them. 

The probation period in Colombia can mitigate risk as the employer can determine whether the individual is qualified for the job before formalizing the employment contract.