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 (período de prueba) 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 before it expires, but only if agreed upon by the employer and employee, and the total may not exceed two months. 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 no more than 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. However, ending a probationary contract because of an employee’s illness can be challenged as discrimination.

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 COP 1,750,905 (approximately USD 550) for 2026. Maximum ordinary working hours are 42 per week since July 15, 2026, which may be spread over five or six days. 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. Sick leave is available from the first day, and annual leave accrues from the first day of employment. 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, and the Constitutional Court has ruled that this power is discretionary but not arbitrary: the decision should rest on an objective assessment of the employee’s aptitudes and must not be discriminatory. Within those limits, they can end the contract at any point during probation. Likewise, probationary employees can terminate the employment contract without notice.

Outside probation, a fixed-term contract renews automatically unless a party gives notice of non-renewal at least 30 days before expiry. For indefinite contracts, the employer is not required to give notice, but ending the contract without just cause entitles the employee to statutory compensation. Employees may give 30 days’ notice of resignation, although no penalty can apply if they do not.

Vacation/Holidays

The annual paid leave in Colombia is 15 working 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 working 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 (without notice, provided the decision is objectively based and not discriminatory), simplifying finding the right employee for the job.

An employer can use a probation period of up to two months 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. 

Conclusion

A probation period gives employers and employees in Colombia a structured way to test the working relationship before committing to it long term. It is optional, but when used it must be agreed in writing and kept within the limits of the Substantive Labor Code: up to two months, and no more than one-fifth of the term for fixed-term contracts of less than a year. It is valid only for the first contract between the same employer and employee, and any extension must be agreed before the initial period ends.

Throughout probation, employees keep the same core rights as other staff, including the minimum wage, sick leave, pension and health contributions, and the accrual of annual leave. Either party can end the contract without prior notice, but employers should base any decision on an objective assessment of performance and avoid discriminatory grounds. Clear written terms and fair, documented evaluations protect the employer and give the employee confidence in the process.

Employers that want support setting up compliant probation terms and onboarding new hires can work with an employer of record in Colombia, which can help with contracts, payroll and local compliance so teams can focus on building a reliable, high-performing workforce.