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Substantive Labour Code, 1950, Colombia (Overtime Compensation)

Substantive Labour Code 1950; Section161-168 (Overtime Compensation)

Normal working hours are 8 hours per day and 48 hours per week. Other working hours limit or flexible working hours limit can be established by mutual agreement. This normal working hour’s limit does not apply on managerial and supervisory workers, intermittent work, domestic workers, in case of hazardous work and emergency situations.

Flexible working hours are established in a way that daily working hours are averaged in a week. Minimum of 4 hours per day and maximum of 10 hours per day are distributed over a period of six days per week.

In case of shift work, where nature of activity requires shift work instead of continuous activity, working hours are arranged in a manner so that average working hours for a period of three weeks must not exceed 8 hours per day and 48 hours per week. In line with a reform in Labour Code (July 2021), working hours will be gradually reduced to 42 hours per week.

Starting from July 2023, weekly working hours will be reduced to 47 hours, ultimately reaching 42 hours in July 2025. In accordance with the Labour Code, overtime work may not exceed 2 hours per day and 12 hours per week. If the daily working hours are scheduled as 10 hours in any day, the performance of overtime work is not permitted in such a day. If a worker works beyond the stipulated working hours, i.e., 8 hours a day and 48 hours a week, he/she is entitled to an overtime pay according to the following schedule: – 125% of normal hourly rate for overtime work during day hours; – 175% of normal hourly rate for overtime work performed during night hours.

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