Labor and social security law attorney for decisions affecting work, business, and stability.

Severance for dismissal without just cause is governed by article 64 of the Substantive Labor Code (CST), as amended by Law 789 of 2002. Its calculation depends on the type of contract and the worker's length of service. Under an indefinite-term contract, workers earning less than ten current monthly minimum wages (SMMLV) are entitled to 30 days' wages for the first year and 20 days for each additional year or fraction thereof. Those earning ten SMMLV or more receive 20 days for the first year and 15 days for each additional year. Under a fixed-term contract, the severance equals the wages corresponding to the time remaining until the agreed term expires. Under a contract for a specific work or task, it equals the balance of the term still to be performed, with a minimum of fifteen days. Added to this severance are any unpaid social benefits and, in some cases, the moratory wages under article 65 CST.

Article 62 of the Substantive Labor Code exhaustively lists the just causes an employer may invoke to terminate a contract without paying severance. Among the most commonly used are: deceit in entering into the contract, acts of violence or mistreatment, serious material damage to the employer's property, indiscipline or repeated breach of obligations, disclosure of technical or commercial secrets, poor performance without justified cause, repeatedly arriving in a state of intoxication, and non-occupational incapacity exceeding 180 days, among others. Dismissal for just cause requires strict observance of due process: prior notice of the alleged facts, a genuine opportunity for the worker to present a statement of defense, assessment of the evidence, and notice of dismissal expressly invoking the grounds. The Constitutional Court has repeatedly held that failure to observe due process renders the dismissal ineffective even where the grounds exist. We recommend obtaining advice before proceeding.

Reinforced job security is a special employment protection that prevents the employer from dismissing a worker without prior authorization from the competent authority (the Ministry of Labor or a Labor Inspector, as applicable). It applies to people in a condition of greater vulnerability: women who are pregnant or on maternity leave, workers with a disability or in a condition of manifest weakness due to health, workers nearing retirement, union officers with statutory protection, and, in some cases, single heads of household. The main legal framework is found in Law 361 of 1997, article 239 CST for maternity protection, and the case law of the Constitutional Court (judgments C-470 of 1997, T-1040 of 2001, T-041 of 2014, among many others). If the employer dismisses a person with reinforced job security without authorization, the dismissal is presumed discriminatory and the worker is entitled to reinstatement, payment of wages not received, an additional indemnity of 180 days' wages (Law 361) and, in the case of pregnant women, also maternity rest periods and benefits.

Yes. Voluntary resignation does not extinguish the right to accrued social benefits: severance savings (cesantías), interest on severance savings, proportional service bonus and unused vacation. These benefits are non-waivable under article 14 of the Substantive Labor Code. Upon resignation, the employer must pay the final settlement within the established deadlines. If that term lapses without payment, the moratory indemnity under article 65 CST applies, equal to one day's wages for each day of delay during the first 24 months, plus interest on the balance starting in month 25. What a person who resigns voluntarily does lose is the severance for dismissal without just cause, since there was no dismissal. Before signing a formal resignation or a settlement record, it is advisable to review whether all benefits have been correctly calculated.

If the employer does not pay the final settlement within the legal deadline, the worker may: (i) request a settlement hearing before a Labor Inspector or a conciliation center, a step that in labor matters is a prerequisite for filing suit (Law 640 of 2001); (ii) if the settlement fails or the employer does not appear, file suit before the labor judge, demanding payment of the benefits, the interest on severance savings, the moratory indemnity under article 65 CST and the costs of the proceeding. The lawsuit may also seek payment of social security contributions that were not made, penalties for delays in depositing severance savings with the fund (article 99 of Law 50 of 1990) and any amount still outstanding. The ordinary labor proceeding usually lasts between one and three years at first instance, depending on the court. It is advisable to act promptly, since some actions have specific statutes of limitations (three years for most labor rights under article 488 CST).

The right to a pension depends on the scheme to which you are affiliated: the Defined Benefit Average Premium scheme administered by Colpensiones, or the Individual Savings with Solidarity scheme (RAIS) in the private funds. Under the Average Premium scheme, Law 100 of 1993 (as amended by Law 797 of 2003) requires proof of a minimum of 1,300 weeks of contributions, in addition to the age requirement: 57 years for women and 62 for men. If the required weeks are not met but there is financial capacity to keep contributing, contributions may continue on an independent basis. Under RAIS no minimum number of weeks is required, but rather sufficient accumulated capital to fund a pension equal to at least 110% of the minimum wage (minimum pension). If there is neither enough capital nor enough weeks, a return of balances may be requested under RAIS, or a substitute indemnity under the Average Premium scheme. There is also the Periodic Economic Benefits subsidy (BEPS) for low-income individuals. The appropriate strategy depends on a prior analysis of the particular case.

The Defined Benefit Average Premium scheme (RPM), administered by Colpensiones, is a solidarity-based pay-as-you-go system: current contributions finance current pensions, and once the age and weeks requirements are met, a pension is obtained calculated on the basis of the base settlement income of the last ten years. Law 100 of 1993 sets the basic rules. The Individual Savings with Solidarity scheme (RAIS), administered by private fund managers (AFP), works as an individual account where contributions and returns accumulate. The pension depends on the accumulated capital and life expectancy at the time of retirement. Each scheme has advantages depending on one's career path, age and income: the RPM tends to favor high salaries with steady contributions, while the RAIS may suit those who prefer control over their savings or an early pension with sufficient capital. The choice should be reviewed with simulations and, where applicable, the pension scheme transfer should be assessed, as it is subject to time restrictions.

Law 1010 of 2006 defines workplace harassment as any persistent and demonstrable conduct, carried out against a worker by their employer, immediate superior, coworkers or subordinates, aimed at instilling fear, intimidation, terror or anguish, causing harm to their work, generating demotivation at work or inducing resignation. The law contemplates six forms: labor mistreatment, labor persecution, labor discrimination, labor obstruction, labor inequity and labor unprotection. The procedure includes several stages: (i) each company's internal work rules must contain a confidential prevention and resolution mechanism, known as the Workplace Coexistence Committee; (ii) if the complaint is not resolved internally, the worker may turn to the Labor Inspector, the Public Ministry or, in serious cases, file suit before the labor jurisdiction. Sanctions range from fines for the aggressor and the company to recognition of the harassment as just cause for the worker to terminate the contract, with the right to full indemnity. Proof of harassment is demanding: it is advisable to document communications, witnesses and psychological expert reports from the outset.

A social security attorney advises on pensions, health, and occupational risks under the Comprehensive General Social Security System (Law 100 of 1993). At Cafore Abogados we advise on the planning and management of old-age, disability, and survivor pensions; we process pensions before Colpensiones and the funds of the Individual Savings Scheme with Solidarity (RAIS); and we handle the resolution of inefficiencies in scheme transfers, which is one of the most frequent disputes since rulings SU-313 of 2020 and SU-149 of 2024 of the Constitutional Court. We accompany the member or the company from the administrative application through to the ordinary labor jurisdiction when necessary.

Cafore Abogados's approach to labor law is preventive: we work to minimize litigation risks before they materialize. We design and implement disciplinary policies and procedures, review fixed-term, indefinite-term, project-based, and service contracts, adjust internal work regulations, coexistence committees, and the OSH Management System (SG-SST), conduct compliance audits on payroll contributions and social security, and design internal training programs. We also advise on sanctioning and disciplinary proceedings so that the company's decision respects internal due process and can withstand a potential judicial claim.

We represent both employers and employees in the ordinary labor jurisdiction, before the circuit labor courts of Bogotá and other cities. We handle claims for termination with or without just cause, severance pay, reinstatements, wages and benefits, workplace harassment, union immunity, maternity immunity, and health-related immunity, late-payment penalties under article 65 of the Substantive Labor Code, and declarations of de facto employment relationship. Our team has extensive experience in complex labor proceedings. If a dispute arises, we are prepared to represent you at every stage of the process with solid, tailored strategies, whether in judicial or out-of-court proceedings.

In the face of a denial ruling or an incorrect calculation of the Settlement Base Income (IBL), the first step is to exhaust the administrative channel through motions for reconsideration and appeal before the pension entity. If the response is unfavorable, an ordinary labor claim is filed or, where irreparable harm exists, a writ of protection (tutela). At Cafore Abogados we analyze your work history, validate contributed weeks, identify gaps in contributions, review the economic suitability between schemes and, where appropriate, process the annulment of the transfer for lack of clear information. We accompany the process through to recognition of the benefit or its recalculation.

When dismissal without just cause is alleged, or dismissal for cause that the employer fails to prove, the employee is entitled to the compensation under article 64 of the Substantive Labor Code —the amount of which depends on the type and duration of the contract— and, in some cases, to reinstatement where immunity applies (union, maternity, health, or pre-retirement). At Cafore Abogados we assess the merits of the claim, gather documentary and testimonial evidence, exhaust the mandatory conciliation before the Ministry of Labor and, if no agreement is reached, file the claim. We defend the rights of employees and employers with the same technical rigor, depending on who our client is.