Law 2101 of 2021: Reduction of the working day

Article 161. Duration. The maximum duration of the ordinary working day is forty-two (42) hours a week, which may be distributed, by mutual agreement, between employer and worker, in 5 or 6 days a week, always guaranteeing the day of rest, except for the following exceptions:

a. In work that is especially unhealthy or dangerous, the Government may order the reduction of the working day in accordance with opinions in this regard.

b. The maximum duration of the working day for adolescents authorized to work, shall be subject to the following rules: 1. Adolescents over 15 and under 17 years of age, may only work a maximum daytime working day of six hours a day and thirty hours a week and until 6:00 in the evening. 2. Adolescents over seventeen (17) years of age, may only work a maximum of eight hours a day and 40 hours a week and until 8:00 in the evening.

c. The employer and the worker may agree, temporarily or indefinitely, to organize successive work shifts, which allow the company or sections thereof to operate without interruption during every day of the week, provided that the respective shift does not exceed six (6) hours a day and thirty-six (36) hours a week; in this case there shall be no night surcharge or the surcharge for Sunday or holiday work, but the worker shall earn the salary of the company.

corresponding to the ordinary working day, always respecting the legal or conventional minimum, and shall be entitled to a paid rest day.

d. The employer and the employee may agree that the forty-two (42) hour work week be carried out by means of flexible daily work days, distributed in a maximum of six days a week with a mandatory rest day, which may coincide with Sunday. Thus, the number of daily working hours may be distributed in a variable manner during the respective week, having a minimum of four (4) continuous hours and a maximum of nine (9) hours per day without any surcharge for supplementary work, when the number of working hours does not exceed the average of forty-two (42) hours per week within the Ordinary Workday. Pursuant to Article 160 of the Substantive Labor Code.

PARAGRAPH: The employer may not, even with the worker's consent, hire him/her for the execution of two shifts in the same day, except for supervisory, direction, trust or management work.

Its implementation shall be gradual, as follows:

After two (2) years from the entry into force of the law, one (1) hour of the weekly working day will be reduced to 47 hours per week. After three (3) years from the effective date of the law, the weekly working day shall be reduced by one (1) hour to 46 hours per week. From the fourth year after the law becomes effective, two (2) hours will be reduced each year until reaching forty-two (42) hours per week. The above, without prejudice of the fact that upon the entry into force of the present law, the employer may adhere to the forty-two (42) hours per week working day.

Expressed this, the reduction scheme would be as follows:

For the year 2023: 47 hours

For the year 2024: 46 hours

For the year 2025: 44 hours

For the year 2026: 42 hours

The reduction of the working day shall not imply the reduction of the salary or benefit remuneration, nor the value of the ordinary working hour, nor shall it exonerate the workers from their obligations.

Article 5 states that there will be an extensive modification, i.e., that in all articles of the Substantive Labor Code and other concordant rules, where reference is made to the 48-hour working week, it shall be understood, as of the entry into force of this law, as a 42-hour working week, in accordance with the gradual application previously indicated.

Finally, Article 6 mentions that the reduction of the working day referred to in this law, exonerates the employer from giving application to the paragraph of Article 3 of Law 1857 of 2017 (better known as family day), as well as the provisions of Article 21 of Law 50 of 1990 (better known as recreation hours), that is to say that, during the time of gradual implementation, the working day that is exclusively dedicated to recreational, cultural, sports or training activities will be adjusted proportionally by mutual agreement between employee and employer and once the time of gradual implementation is over, the complete exoneration of such working days will be in force.

The aforementioned law would become effective as from the date of its publication and would repeal all provisions contrary to it.

Likewise, it was established that the National Government, headed by the Ministry of Labor, must hold technical round tables with unions, trade unions and other interest groups in order to propose alternatives that allow the strengthening of labor productivity and solutions to the structural problems of the labor market.

Based on these roundtables, the Ministry of Labor shall undertake actions to mitigate a possible negative impact of the reduction of working hours on the economic fabric and profitability of companies. Likewise, in order to strengthen productivity, the National Government should develop programs to improve the qualification and skills of workers.