Domestic Service Employment Contract Colombia (Contrato de Trabajo de Servicio Doméstico)

A Domestic Service Employment Contract Colombia (Contrato de Trabajo de Servicio Domestico) is a formal written agreement between a household employer (empleador) and a domestic worker (trabajador/a del servicio domestico) establishing an employment relationship for the performance of household tasks, governed by Articles 77 through 86 of the Codigo Sustantivo del Trabajo (CST) — Decreto Ley 2663 de 1950. Article 77 of the CST defines domestic service workers as those who perform habitual tasks of cleaning, cooking, laundering, childcare, gardening, driving, or other activities inherent to a private household, for remuneration.

The constitutional foundation for domestic worker protection in Colombia rests on Article 25 of the Constitucion Politica de 1991, which guarantees the right to work under dignified conditions, and Article 13, which establishes the principle of equality before the law. The Corte Constitucional has issued landmark decisions expanding domestic workers' rights — Sentencia C-871 de 2014 struck down the historical exclusion of domestic workers from the prima de servicios under CST Article 306, ruling it unconstitutional and ordering the payment of prima de servicios to domestic workers on equal terms with all other workers. Sentencia C-616 de 2013 reinforced the obligation to affiliate domestic workers to the full social security system.

Article 77 of the CST establishes that the employment contract for domestic service may be verbal or written, but the trial period (periodo de prueba) is only valid when stipulated in writing per CST Article 77 paragraph 2, with a maximum duration of fifteen (15) days for domestic workers — shorter than the two-month maximum applicable to other employment contracts. Article 78 provides that the domestic worker's salary may include both cash payment and in-kind remuneration (salario en especie) — accommodation and meals provided by the employer — which cannot exceed 50% of the total salary for workers earning the SMLMV, per CST Article 129.

All social security obligations under Ley 100 de 1993 apply fully to domestic workers. The employer must register the domestic worker with the Sistema General de Seguridad Social Integral: health coverage through an Entidad Promotora de Salud (EPS) with contributions of employer 8.5% and worker 4% calculated on the cash salary plus the value of in-kind payments; pension through Colpensiones or a private Administradora de Fondos de Pensiones (AFP) under the Regimen de Ahorro Individual con Solidaridad (RAIS), with contributions of employer 12% and worker 4%; and occupational risk insurance through an Administradora de Riesgos Laborales (ARL) funded entirely by the employer under Ley 1562 de 2012. The Corte Constitucional in Sentencia T-185 de 2016 emphasized that failure to affiliate domestic workers to the social security system constitutes a violation of fundamental rights.

The Ministerio del Trabajo (MinTrabajo) through Decreto 721 de 2013 extended Caja de Compensacion Familiar (CCF) coverage to domestic workers, requiring employers to affiliate domestic workers and pay the 4% parafiscal contribution. Decreto 2616 de 2013 established the mechanism for proportional social security contributions for domestic workers who work by the day (servicio domestico por dias), allowing contributions based on the number of days worked per month reported through the Planilla Integrada de Liquidacion de Aportes (PILA).

The salario minimo mensual legal vigente (SMLMV) for 2025 is COP$1.423.500 per Decreto 2292 de 2024. Full-time domestic workers must earn at least the SMLMV. Workers who reside in the employer's household (trabajadores internos) are subject to the special working hours regime of CST Article 162 numeral 3, which excludes domestic workers from the maximum legal working day — however, the Corte Constitucional in Sentencia C-372 de 1998 established that domestic workers are entitled to reasonable rest periods, including at least 10 consecutive hours of rest per day (including night rest), Sundays and holidays off under CST Article 172, and 15 days of annual vacation under CST Article 186.

Colombia ratified the International Labour Organization (ILO) Convention 189 — Convention concerning Decent Work for Domestic Workers — through Ley 1595 de 2012, which entered into force in 2014. Convention 189 reinforces the principle that domestic workers are entitled to the same fundamental labour rights as other workers, including written employment terms, minimum wage protection, occupational health and safety coverage, and social security. Labour disputes involving domestic workers fall under the jurisdiction of Juzgados Laborales del Circuito, with appeals to the Sala Laboral of the Tribunal Superior de Distrito Judicial.

A Domestic Service Employment Contract Colombia is required whenever a household in Colombia engages a worker to perform domestic duties on a regular basis, whether full-time (interna — residing in the household) or external (externa — commuting daily). Articles 77 through 86 of the Codigo Sustantivo del Trabajo establish the specific legal framework for domestic service employment, and Ley 1595 de 2012 — implementing ILO Convention 189 — reinforces the requirement for written employment terms.

The contract is needed when a Colombian family or individual hires a worker for cleaning (aseo), cooking (cocina), laundering and ironing (lavado y planchado), childcare (cuidado de ninos), elderly care (cuidado de adultos mayores), gardening (jardineria), driving (conductor particular), or other household maintenance activities. Under CST Article 77, the domestic service relationship is defined by the habitual nature of household tasks performed for the benefit of a private home rather than a commercial enterprise.

A Contrato de Servicio Domestico is required when hiring a day worker (trabajador/a por dias) — a domestic worker who provides services on specific days of the week for one or multiple households. Decreto 2616 de 2013 established the mechanism for proportional social security contributions for day workers, requiring each employer to register the worker and pay contributions based on the days worked per month through the PILA system. Without a written contract, employers face difficulties documenting the agreed schedule and salary for PILA reporting purposes.

The document is needed for compliance with the prima de servicios obligation established by Corte Constitucional Sentencia C-871 de 2014. Before this ruling, domestic workers were excluded from the prima de servicios under CST Article 306. The Court declared this exclusion unconstitutional, mandating payment of prima de servicios to domestic workers on the same terms as all other workers — one month's salary per year in two instalments. A written contract documenting the salary base is necessary for correct prima calculation.

The contract is required when the salary includes in-kind payments (salario en especie) under CST Article 129. Where the employer provides accommodation and meals, the contract must specify the cash component and the assigned value of in-kind payments — the in-kind portion cannot exceed 50% of total salary for workers earning the SMLMV. Written documentation prevents disputes over the salary composition for purposes of calculating prestaciones sociales and social security contributions.

MinTrabajo inspectors may request documentation of domestic employment relationships during audits under CST Articles 485 through 487. Ley 1595 de 2012 implementing ILO Convention 189 specifically requires employers to provide domestic workers with written terms of employment including work duties, hours, salary, rest periods, and termination conditions.

A valid Domestic Service Employment Contract Colombia under Articles 77 through 86 of the Codigo Sustantivo del Trabajo and Ley 1595 de 2012 (ILO Convention 189) must contain the following elements to be enforceable and to meet social security obligations under Ley 100 de 1993.

Identification of Parties: Full legal name, cedula de ciudadania number, and residential address of both the household employer (empleador) and the domestic worker (trabajador/a del servicio domestico). Unlike corporate employment contracts, domestic service contracts involve a natural person as the employer — the employer's cedula de ciudadania number serves as the primary identification for PILA registration and parafiscal contribution purposes.

Type of Domestic Service: Specification of whether the arrangement is internal (interna — the worker resides in the employer's household) or external (externa — the worker commutes daily). For day workers (por dias), the contract must specify which days of the week the worker will provide services. CST Article 77 applies to all habitual domestic service arrangements regardless of the modality.

Job Duties: Description of the specific domestic tasks the worker will perform — cleaning, cooking, laundry, childcare, elderly care, gardening, driving, or other household maintenance activities. While domestic workers typically perform multiple household tasks, the contract should identify the primary duties to prevent disputes about scope of work.

Work Schedule and Rest Periods: For internal (live-in) domestic workers, CST Article 162 numeral 3 historically excluded domestic workers from the maximum legal working day. The Corte Constitucional in Sentencia C-372 de 1998 established that domestic workers must receive at least 10 consecutive hours of rest per day including night rest. The contract must specify the daily schedule, including start time, end time, meal breaks, and the guaranteed rest period. For external workers, the schedule must comply with Ley 2101 de 2021 reducing the maximum working week to 42 hours by 2026. Sundays and holidays are mandatory rest days under CST Article 172.

Trial Period: CST Article 77 paragraph 2 establishes a maximum trial period of fifteen (15) days for domestic workers — significantly shorter than the two-month maximum for other employment contracts. The trial period must be stipulated in writing to be valid.

Salary Structure: The agreed monthly salary in Colombian Pesos (COP), which must meet or exceed the SMLMV (COP$1.423.500 for 2025 per Decreto 2292 de 2024) for full-time workers. The contract must separately specify the cash component and the in-kind component (salario en especie) under CST Article 129. For workers earning the SMLMV, in-kind payments (accommodation and meals) cannot exceed 50% of total salary. For workers earning more than the SMLMV, in-kind payments cannot exceed 30%. The in-kind valuation is included in the base for calculating cesantias, prima de servicios, and social security contributions.

Prestaciones Sociales: All mandatory benefits apply to domestic workers with no exceptions after Corte Constitucional Sentencia C-871 de 2014. The contract must reference: cesantias deposited in the Fondo de Cesantias by 14 February under Ley 50 de 1990 Article 14; intereses sobre cesantias at 12% annual paid by 31 January under CST Article 249; prima de servicios in two instalments under CST Article 306 (now mandatory for domestic workers); vacaciones of 15 business days per year under CST Article 186; and dotacion three times yearly for workers earning up to two SMLMV under CST Article 230.

Social Security Affiliation: Registration with the Sistema General de Seguridad Social Integral under Ley 100 de 1993 — EPS (employer 8.5%, worker 4%), AFP/Colpensiones (employer 12%, worker 4%), and ARL (employer-funded). For day workers, Decreto 2616 de 2013 establishes proportional contributions based on days worked, reported through PILA. Decreto 721 de 2013 mandates CCF affiliation with employer paying 4%.

Termination Provisions: The indemnification regime of CST Article 64 applies to domestic workers. CST Article 86 establishes specific termination rules: the domestic worker must give fifteen (15) days' written notice before resignation; the employer must give the worker a reasonable period to seek new employment. Special stability protections — maternity fuero under CST Article 239, health fuero under Ley 361 de 1997 — apply to domestic workers.

Forms-legal.com provides this Domestic Service Employment Contract Colombia template as a practical starting point for formalizing household employment. Each contract should be reviewed to confirm compliance with the specific working conditions, salary structure, and social security obligations applicable to domestic service under Colombian law. MinTrabajo, the UGPP, and domestic worker advocacy organizations monitor compliance with the protections established by ILO Convention 189 as implemented through Ley 1595 de 2012.