{"id":15801,"date":"2025-10-20T13:27:47","date_gmt":"2025-10-20T18:27:47","guid":{"rendered":"https:\/\/nexo.legal\/?p=15801"},"modified":"2025-10-20T16:20:07","modified_gmt":"2025-10-20T21:20:07","slug":"reforma-laboral-inspecciones-2025","status":"publish","type":"post","link":"https:\/\/nexo.legal\/es\/reforma-laboral-inspecciones-2025\/","title":{"rendered":"Inspecciones del Ministerio de Trabajo en 2025: Lo que est\u00e1n revisando despu\u00e9s de la Reforma Laboral \u2014 y C\u00f3mo Evitar Multas"},"content":{"rendered":"\t\t
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In recent months, the Colombian <\/span>Ministry of Labor<\/b> has intensified its inspection and monitoring visits to companies across the country.\u00a0<\/span><\/p>

These visits can occur <\/span>without prior notice<\/b> and are intended to verify compliance with labor, social security, and employee welfare obligations.<\/span><\/p>

This increase in inspections is <\/span>no coincidence<\/b>: it stems directly from the <\/span>labor reform<\/b> enacted under <\/span>Law 2466 of 2024<\/b>, which introduced significant changes to working hours, disconnection rights, gender equity, employee protections, and workplace conditions.<\/span><\/p>

Although the Ministry\u2019s authority to conduct inspections is established in <\/span>Article 486 of the Colombian Labor Code<\/b>, there are <\/span>no clear regulations<\/b> on the procedures or limits of these visits. This means the Ministry can appear at any time, so companies must be prepared to demonstrate <\/span>compliance and up-to-date documentation<\/b>.<\/span><\/p>

Below is a detailed summary of the <\/span>main points currently being reviewed by inspectors<\/b> and the <\/span>most common causes of sanctions<\/b>, based on recent enforcement patterns following the <\/span>labor reform<\/b>.<\/span><\/p>

1. RUT and Certificate of Incorporation and Legal Representation<\/b><\/h2>

The first documents inspectors request are the <\/span>RUT (tax identification)<\/b> and the <\/span>Certificate of Legal Existence and Representation<\/b> issued by the Chamber of Commerce. These confirm that the company is active and that its legal representative has authority to act.<\/span><\/p>

Recommendation: keep the certificate updated, ideally issued within the past 30 days.<\/span><\/p>

2. Employee Database<\/b><\/h2>

Inspectors verify that the company maintains an <\/span>up-to-date database of employees<\/b>, including name, position, contract type, salary, and affiliations with EPS, ARL, and pension funds.<\/span><\/p>

Common violation: outdated information for recently hired or terminated employees.<\/span><\/p>

3. Social Security Payment Records<\/b><\/h2>

Inspectors request proof of payment for <\/span>health, pension, occupational risk, and parafiscal contributions<\/b> for at least the last three months.<\/span><\/p>

Frequent errors: incomplete payments, delays, or inconsistencies between payroll and PILA reports.<\/span><\/p>

4. Latest Payroll Payment<\/b><\/h2>

Inspectors ensure that wages are paid within the legal time frame and that proof of payment\u2014signed or digital\u2014is available.<\/span><\/p>

Tip: use certified payroll software that generates verifiable reports and complies with requirements introduced by the <\/span>labor reform<\/b>.<\/span><\/p>

5. Overtime Control (Law 2466 of 2024)<\/b><\/h2>

The <\/span>labor reform<\/b> strengthened the obligation to keep a verifiable record of overtime and supplemental work.<\/span><\/p>

Frequent sanction: failure to maintain a daily record or employee-signed timesheets.<\/span><\/p>

6. Work Schedules and Rest Days<\/b><\/h2>

Inspectors review work schedules from the previous month and verify compliance with mandatory rest periods.<\/span><\/p>

Common issue: failure to grant weekly rest days or exceeding maximum legal working hours.<\/span><\/p>

7. Disciplinary Procedures<\/b><\/h2>

Inspectors review the most recent disciplinary case to confirm that due process was followed, including notice, hearing, and evidence.<\/span><\/p>

Recommendation: keep disciplinary files for at least three years.<\/span><\/p>

8. Settlement of the Last Employee Who Left<\/b><\/h2>

Companies must present proof of full and timely settlement, including benefits, accrued vacation, and social security contributions.<\/span><\/p>

Common fine: incomplete or late payment.<\/span><\/p>

9. Updated Internal Work Regulations (RIT) \u2013 Law 2466<\/b><\/h2>

Companies must update their <\/span>Internal Work Regulations<\/b> according to the <\/span>labor reform<\/b>. Law 2466 modified key areas such as disconnection rights, harassment prevention, equity, breastfeeding rights, and remote work.<\/span><\/p>

Although the law granted a one-year period for adjustments, many provisions are already in force.<\/span><\/p>

Recommendation: do not wait until the deadline\u2014update your RIT now.<\/span><\/p>

10. Communication of the RIT<\/b><\/h2>

It is not enough to have an updated document; companies must provide evidence that the RIT has been <\/span>communicated to employees<\/b>, through signed acknowledgments, meetings, or official notices.<\/span><\/p>

11. Sexual and Workplace Harassment Policy<\/b><\/h2>

The Ministry requires an active, documented policy supported by training and prevention protocols.<\/span><\/p>

Common fine: having a written policy without proof of implementation or awareness training.<\/span><\/p>

12. Right to Disconnect Policy<\/b><\/h2>

Reinforced by the <\/span>labor reform<\/b>, all companies must have a protocol guaranteeing employees\u2019 right to disconnect outside working hours.<\/span><\/p>

Example: limiting work communications after hours except in emergency situations.<\/span><\/p>

13. Breastfeeding Policy and Facilities<\/b><\/h2>

Employers must comply with Article 238 of the Labor Code, which requires providing hygienic spaces and appropriate schedules for breastfeeding.<\/span><\/p>

Recommendation: keep documentation of designated areas and arrangements.<\/span><\/p>

14. Employment Contracts<\/b><\/h2>

Inspectors often request ten randomly selected employment contracts to verify type of employment, salary, duties, and signatures.<\/span><\/p>

Warning: verbal or incomplete contracts are grounds for immediate penalties.<\/span><\/p>

15\u201316. COPASST and Coexistence Committees<\/b><\/h2>

The Ministry checks for the existence of both committees, along with meeting minutes, member lists, and action plans.<\/span><\/p>

Frequent sanction: missing regular meetings or unsigned records.<\/span><\/p>

17. Occupational Health and Safety Management System (SG-SST)<\/b><\/h2>

Companies must comply with minimum standards under the Occupational Health and Safety Management System, according to their size and risk level.<\/span><\/p>

Serious violation: failing to conduct the annual evaluation or update the improvement plan.<\/span><\/p>

18. Delivery of Workwear and Protective Equipment<\/b><\/h2>

Inspectors request evidence of uniform and PPE distribution.<\/span><\/p>

Recommendation: keep signed delivery forms or digital records.<\/span><\/p>

19. Vacation Compliance<\/b><\/h2>

Inspectors check that employees actually take their vacations rather than accumulating them indefinitely.<\/span><\/p>

Common sanction: more than two unused vacation periods or monetary compensation without actual rest time.<\/span><\/p>

20. Apprentice Quota<\/b><\/h2>

Companies required by law must prove compliance with the <\/span>SENA apprenticeship quota<\/b>\u2014either through hiring or financial contribution.<\/span><\/p>

Fine: penalties of up to 5,000 UVT for non-compliance.<\/span><\/p>

21. Worker Interviews and Site Visits<\/b><\/h2>

Inspectors typically interview several employees to verify real working conditions, pay accuracy, workplace environment, and knowledge of internal policies.<\/span><\/p>

Recommendation: keep employees informed and trained on harassment prevention, occupational safety, and rights and obligations\u2014these are frequent interview topics.<\/span><\/p>

Conclusion: Preparation Is Prevention<\/b><\/h2>

Ministry of Labor fines can exceed <\/span>5,000 times the minimum monthly wage<\/b>, depending on the severity of the violation.<\/span><\/p>

Beyond compliance, maintaining updated documentation protects the company and ensures dignified, safe, and transparent working conditions\u2014precisely what the <\/span>labor reform<\/b> seeks to guarantee.<\/span><\/p>

At <\/span>Nexo Legal<\/b>, we support companies with <\/span>preventive audits, document updates, and compliance training<\/b> to avoid contingencies and stay fully prepared for Ministry inspections.<\/span><\/p>

Contact us to schedule a preventive legal review of your company.<\/span><\/p>


<\/span> Avoid sanctions and ensure full compliance with the <\/span>labor reform<\/b>, backed by professional legal support.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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