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Substantive Labour Code, 1950, Colombia (Probation Period)

Substantive Labour Code 1950; Section 76-80 (Probation Period)

Probation period is the trial period of the employment contract with the objective to appreciate the skills of the worker by the employer and the worker may know completely about the working conditions at workplace.

The maximum duration of probationary period as specified by the law is: – 15 days for domestic workers; and – 2 months for all workers. If the agreed duration of probationary period is less than the maximum specified duration, parties may renew it before expiration. During probation, employee enjoys all the benefits that are provided to the regular employees.

The probation period must be clearly specified in writing. For a fixed term employment contract with a duration of less than one-year, probationary period may not exceed one-fifth of the term initially agreed for the respective contract, but may not exceed two months.

When successive work contracts are concluded between the same employer and worker, probation/trial period is invalid except for the first contract. The trial period may be terminated unilaterally at any time without notice however; workers on probation enjoy all benefits.

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