In recent months, the Colombian Ministry of Labor has intensified its inspection and monitoring visits to companies across the country.
These visits can occur without prior notice and are intended to verify compliance with labor, social security, and employee welfare obligations.
This increase in inspections is no coincidence: it stems directly from the labor reform enacted under Law 2466 of 2024, which introduced significant changes to working hours, disconnection rights, gender equity, employee protections, and workplace conditions.
Although the Ministry’s authority to conduct inspections is established in Article 486 of the Colombian Labor Code, there are no clear regulations on the procedures or limits of these visits. This means the Ministry can appear at any time, so companies must be prepared to demonstrate compliance and up-to-date documentation.
Below is a detailed summary of the main points currently being reviewed by inspectors and the most common causes of sanctions, based on recent enforcement patterns following the labor reform.
1. RUT and Certificate of Incorporation and Legal Representation
The first documents inspectors request are the RUT (tax identification) and the Certificate of Legal Existence and Representation issued by the Chamber of Commerce. These confirm that the company is active and that its legal representative has authority to act.
Recommendation: keep the certificate updated, ideally issued within the past 30 days.
2. Employee Database
Inspectors verify that the company maintains an up-to-date database of employees, including name, position, contract type, salary, and affiliations with EPS, ARL, and pension funds.
Common violation: outdated information for recently hired or terminated employees.
3. Social Security Payment Records
Inspectors request proof of payment for health, pension, occupational risk, and parafiscal contributions for at least the last three months.
Frequent errors: incomplete payments, delays, or inconsistencies between payroll and PILA reports.
4. Latest Payroll Payment
Inspectors ensure that wages are paid within the legal time frame and that proof of payment—signed or digital—is available.
Tip: use certified payroll software that generates verifiable reports and complies with requirements introduced by the labor reform.
5. Overtime Control (Law 2466 of 2024)
The labor reform strengthened the obligation to keep a verifiable record of overtime and supplemental work.
Frequent sanction: failure to maintain a daily record or employee-signed timesheets.
6. Work Schedules and Rest Days
Inspectors review work schedules from the previous month and verify compliance with mandatory rest periods.
Common issue: failure to grant weekly rest days or exceeding maximum legal working hours.
7. Disciplinary Procedures
Inspectors review the most recent disciplinary case to confirm that due process was followed, including notice, hearing, and evidence.
Recommendation: keep disciplinary files for at least three years.
8. Settlement of the Last Employee Who Left
Companies must present proof of full and timely settlement, including benefits, accrued vacation, and social security contributions.
Common fine: incomplete or late payment.
9. Updated Internal Work Regulations (RIT) – Law 2466
Companies must update their Internal Work Regulations according to the labor reform. Law 2466 modified key areas such as disconnection rights, harassment prevention, equity, breastfeeding rights, and remote work.
Although the law granted a one-year period for adjustments, many provisions are already in force.
Recommendation: do not wait until the deadline—update your RIT now.
10. Communication of the RIT
It is not enough to have an updated document; companies must provide evidence that the RIT has been communicated to employees, through signed acknowledgments, meetings, or official notices.
11. Sexual and Workplace Harassment Policy
The Ministry requires an active, documented policy supported by training and prevention protocols.
Common fine: having a written policy without proof of implementation or awareness training.
12. Right to Disconnect Policy
Reinforced by the labor reform, all companies must have a protocol guaranteeing employees’ right to disconnect outside working hours.
Example: limiting work communications after hours except in emergency situations.
13. Breastfeeding Policy and Facilities
Employers must comply with Article 238 of the Labor Code, which requires providing hygienic spaces and appropriate schedules for breastfeeding.
Recommendation: keep documentation of designated areas and arrangements.
14. Employment Contracts
Inspectors often request ten randomly selected employment contracts to verify type of employment, salary, duties, and signatures.
Warning: verbal or incomplete contracts are grounds for immediate penalties.
15–16. COPASST and Coexistence Committees
The Ministry checks for the existence of both committees, along with meeting minutes, member lists, and action plans.
Frequent sanction: missing regular meetings or unsigned records.
17. Occupational Health and Safety Management System (SG-SST)
Companies must comply with minimum standards under the Occupational Health and Safety Management System, according to their size and risk level.
Serious violation: failing to conduct the annual evaluation or update the improvement plan.
18. Delivery of Workwear and Protective Equipment
Inspectors request evidence of uniform and PPE distribution.
Recommendation: keep signed delivery forms or digital records.
19. Vacation Compliance
Inspectors check that employees actually take their vacations rather than accumulating them indefinitely.
Common sanction: more than two unused vacation periods or monetary compensation without actual rest time.
20. Apprentice Quota
Companies required by law must prove compliance with the SENA apprenticeship quota—either through hiring or financial contribution.
Fine: penalties of up to 5,000 UVT for non-compliance.
21. Worker Interviews and Site Visits
Inspectors typically interview several employees to verify real working conditions, pay accuracy, workplace environment, and knowledge of internal policies.
Recommendation: keep employees informed and trained on harassment prevention, occupational safety, and rights and obligations—these are frequent interview topics.
Conclusion: Preparation Is Prevention
Ministry of Labor fines can exceed 5,000 times the minimum monthly wage, depending on the severity of the violation.
Beyond compliance, maintaining updated documentation protects the company and ensures dignified, safe, and transparent working conditions—precisely what the labor reform seeks to guarantee.
At Nexo Legal, we support companies with preventive audits, document updates, and compliance training to avoid contingencies and stay fully prepared for Ministry inspections.
Contact us to schedule a preventive legal review of your company.
Avoid sanctions and ensure full compliance with the labor reform, backed by professional legal support.
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What will happen after you fill out this form?
After submitting the form, your case undergoes a comprehensive review by our team of specialist to assess its viability. Providing clear and concise information about your objectives accelerates this process.
Subsequently, a specialist will be assigned to your case, reaching out to you within a day to clear up details about your case and outline the next steps to help you achieve your goals.