Employment Contract for Foreign National Colombia (Contrato de Trabajo para Extranjero)

The Employment Contract for Foreign National in Colombia is the legal document by which a Colombian company or employer hires a national of another country to provide personally subordinated services in Colombian territory, in exchange for remuneration in Colombian pesos (COP), in full compliance with the Código Sustantivo del Trabajo (CST) and the special labor migration rules governing Colombia. Unlike an ordinary employment contract between Colombian nationals, the foreign national employment contract incorporates additional obligations related to the work visa, work permit, foreign worker quotas, repatriation conditions, and communications with Migración Colombia.

The regulatory framework governing the foreign national employment contract in Colombia has two main pillars. The first is the Código Sustantivo del Trabajo, which in its Articles 1 to 467 establishes the non-waivable minimum labor rights applicable to all workers in Colombia regardless of nationality: minimum monthly legal wage (SMLMV), maximum working hours of 46 hours per week (gradually reduced by Ley 2101 de 2021), transportation allowance, severance pay (cesantías), interest on severance pay, service bonus (prima de servicios), paid vacations, affiliation to the Sistema General de Seguridad Social (health, pension, occupational risk), and protection against unjust dismissal. Article 74 of the CST expressly establishes that foreign workers cannot be employed under conditions inferior to those of Colombian workers performing the same duties.

The second pillar is the labor migration regime, composed primarily of Decreto 1067 de 2015 (Decreto Único Reglamentario del Sector Relaciones Exteriores), which regulates the types of visas enabling work in Colombia (Visa Migrante M — Worker, Visa Residente R, and other modalities), and Resolución 5477 de 2022 of Migración Colombia, which updated requirements, processing times, and documentation for work visas. Under Resolución 5477 de 2022, the Visa Migrante Trabajador (Type M) is issued by the Ministerio de Relaciones Exteriores at the employer's request, who must provide the signed employment contract, the company's certificate of existence and legal representation, the prior year's financial statements demonstrating economic capacity to pay the agreed salary, and a certificate of parafiscal contribution payments.

The foreign worker quota is another critical restriction the contract must reflect. Article 72 of the CST establishes that the number of foreign workers cannot exceed 10% of the company's total regular workers or 20% of total payroll, except for technical or specialized personnel not available in the Colombian labor market (Article 73 of the CST). Violating this quota can result in Ministerio del Trabajo sanctions and cancellation of the foreign employee's work visa.

The forms-legal.com Foreign National Employment Contract allows Colombian companies to hire foreign nationals in full compliance with the CST, Migración Colombia, and Social Security contributions, including specific clauses on the work visa, foreign worker quota, repatriation allowance, and special termination grounds linked to immigration status.

The Employment Contract for Foreign National in Colombia is necessary in all cases where a Colombian company, a multinational with presence in Colombia, or an independent employer wishes to hire a foreign citizen to provide personally subordinated services in Colombian territory. The most frequent scenarios include: technology sector companies hiring software engineers, developers, or AI specialists from Latin America, Europe, or Asia not available in the Colombian labor market; extractive companies (oil, gas, mining) hiring foreign geologists, drilling engineers, or technical supervisors for specific projects; manufacturing or agro-industrial companies bringing in technical specialists for machinery or production processes not locally available; and international organizations, NGOs, and multilateral entities contracting foreign professionals for programs in Colombia.

A written contract is mandatory (not just recommended) when the foreign employee requires a Visa Migrante Trabajador, as Migración Colombia requires the signed contract as an essential document for the visa process under Resolución 5477 de 2022. Without a formalized contract, the visa process cannot be completed. Additionally, the contract is indispensable for processing with the Ministerio del Trabajo the exception authorization to the foreign worker quota when the company already exceeds the Article 72 CST limits and needs to hire specialized technical personnel with documented justification.

The Employment Contract for Foreign National in Colombia must contain the following elements to be valid, complete, and useful as supporting documentation for the visa process before Migración Colombia:

**Complete identification of parties.** Employer's company name, NIT, legal representative with ID and position, domicile in Colombia, and notification email. For the foreign worker: full name as in passport, passport number, nationality, visa or immigration permit number (if already existing), domicile in Colombia (or address in country of origin if the contract is signed before entering Colombia), and contact phone.

**Contract object and position.** Precise description of the position or role, specific functions, company area, and justification of why the position requires a foreign worker (relevant to support the quota exception or work visa process). The position description must exactly match the information submitted to Migración Colombia in the visa application.

**Contract type and duration.** Specify whether the contract is fixed-term (maximum three-year renewable terms under Article 46 of the CST) or indefinite. For foreign workers hired for specific projects, the fixed term generally coincides with the work visa validity and the project timeline. The contract must provide for automatic renewal conditioned on visa renewal.

**Salary and benefits.** Monthly remuneration in Colombian pesos (COP), specifying whether the transportation allowance is included or excluded. The foreign worker's social benefits are equal to those of the Colombian worker: severance pay — cesantías (one month salary per year per Article 249 CST), interest on severance pay (12% annually per Ley 52 de 1975 Art. 1), service bonus (15 days salary per semester per Article 306 CST), and vacations (15 business days per year per Article 186 CST).

**Social Security System affiliation.** The employer must affiliate the foreign worker with the Sistema General de Seguridad Social (health — EPS, pension — AFP or bilateral social security agreement if the worker comes from a country with a Colombia agreement, and occupational risk — ARL) per Ley 100 de 1993 and Article 13 of Ley 1562 de 2012. Foreign residents in Colombia are subject to the same contribution percentages as Colombian nationals (health contributions: 12.5% total — 8.5% employer / 4% worker; pension contributions: 16% total — 12% employer / 4% worker).

**Employer migration obligations.** The employer undertakes to: (i) process and finance the Visa Migrante Trabajador before the Ministerio de Relaciones Exteriores; (ii) notify Migración Colombia of any changes in contract conditions (salary, position, headquarters) within the legal deadline; (iii) notify Migración Colombia of contract termination within fifteen days per Article 87 of Decreto 1067 de 2015; and (iv) finance the return air ticket to the foreign worker's country of origin if the employer unilaterally terminates without just cause.

**Repatriation clause.** Per Article 74 of the CST and Corte Suprema de Justicia — Sala de Casación Laboral jurisprudence, when the employer terminates the contract without just cause to a foreign worker specially brought from their country of origin, the employer must pay the return air ticket (economy class) to the worker's country of origin or habitual residence. This clause must specify the class of ticket, destination, and timeline for providing the ticket (no more than 30 days from termination).

**Confidentiality and intellectual property.** Confidentiality clauses on technical, commercial, and client information, and assignment to the employer of patrimonial rights over works created in the performance of the contract per Ley 23 de 1982 (Copyright Law) and Article 20 of the same law.

**Special termination grounds.** In addition to the grounds under Article 62 of the CST, the contract must include as just-cause termination grounds the loss, non-renewal, or cancellation of the work visa or migration permit due to causes attributable to the worker.

forms-legal.com provides this Foreign National Employment Contract template for Colombian companies hiring international talent. For employees from countries with bilateral social security agreements with Colombia (Spain, Italy, Chile, Ecuador, among others), consultation with a labor attorney on the applicable agreement is recommended to avoid double contribution to pension systems.