Minute30.com .- This Thursday, December 25, the modification to the Substantive Labor Code came into force, which advances the start of the night surcharge.
Previously, workers had to wait until 9:00 pm for their hours worked to have additional value. With the new regulations, nighttime hours now include between 7:00 pm and 6:00 am the next day.
This means that if you are working after seven at night, your employer must give you extra pay for that time.
It is important to note that this regulation does not apply to those who work a 36-hour day and receive a full-time salary, according to External Circular 101 of 2025 Ministry of Labor, in section 2.1. Maximum Legal Day, section b. Exceptions to the maximum daily shift of 8 hours: Agreement on successive work shifts (art. 11, literal d.): In companies that work twenty-four (24) hours a day, seven (7) days a week, it is possible to agree on work shifts every day of the week, of six (6) hours a day and thirty-six (36) hours a week, without applying surcharges for night work, nor surcharges for Sundays or holidays. However, the worker will earn the salary corresponding to the ordinary working day, always respecting the legal or conventional minimum and will have the right to a day of paid rest.
How do you know how much you should be paid?
One of the most frequent questions is how this is reflected in the payment. Here we explain the simple formula:
Ordinary hour value: Take your monthly salary and divide it by the number of hours you work per month; In the case of working 44 hours a week, it corresponds to approximately 190 hours a month
The Surcharge: If your regular hour is worth, for example, $10,000, the night surcharge (which is 35%) is equivalent to an additional $3,500 for each hour after 7:00 pm and until 6:00 am
A key detail about your salary
It is important to understand that if you complete your 8-hour shift during nighttime hours, you will not receive the value of the base hour plus the separate surcharge as a total “extra”. The $10,000 base hour is already included in your contracted monthly salary; What you will receive as a novelty is the additional $3,500 for each hour worked after 7:00 pm
Sundays and holidays: More benefits
The adjustment also impacts those who work on paid rest days. For Sundays and holidays, the surcharge also begins at 7:00 pm In practical terms, the cost per hour on these days rises from approximately $12,997 to $13,925, which represents an increase of $1,547 per hour to compensate for the wear and tear on unconventional hours.
Towards a “decent job”
This measure seeks to align Colombia with the international standards of the ILO (International Labor Organization) on decent work, recognizing that working at night implies greater physical, social and family effort for the employee.
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