Part-Time Employment Contract Colombia (Contrato de Trabajo a Tiempo Parcial)

A Part-Time Employment Contract Colombia (Contrato de Trabajo a Tiempo Parcial) is a formal written agreement between an employer (empleador) and a worker (trabajador) establishing an employment relationship where the agreed working hours are fewer than the maximum ordinary working week, governed by Article 197 of the Codigo Sustantivo del Trabajo (CST) and Article 1 of Ley 789 de 2002. Under Colombian labour law, the maximum ordinary working week is progressively being reduced from 48 to 42 hours by Ley 2101 de 2021 — any contract specifying fewer hours than the applicable maximum constitutes a part-time arrangement.

Article 197 of the CST establishes the legal foundation for part-time work by providing that workers who perform duties for less than the maximum legal working day are entitled to proportional salary and benefits calculated on the basis of the hours actually worked relative to the full-time equivalent. Ley 789 de 2002 Article 1 further clarified the part-time employment framework by introducing the concept of jornada flexible (flexible working schedule), allowing employers and workers to agree on reduced working hours distributed across fewer days or shorter daily schedules without affecting the worker's entitlement to prestaciones sociales on a proportional basis.

The constitutional foundation for part-time employment protection in Colombia rests on Article 25 of the Constitucion Politica de 1991, which declares work a right and social obligation under dignified conditions. Article 53 of the Constitution guarantees fundamental labour principles — equality of opportunity, irrenunciability of minimum benefits, and the primacy of reality over formal agreements (primacia de la realidad). Under CST Article 23, the three elements that constitute an employment contract — personal service (prestacion personal del servicio), continued subordination (subordinacion continuada), and remuneration (remuneracion) — apply identically to part-time workers. The Sala de Casacion Laboral of the Corte Suprema de Justicia has consistently held that part-time workers enjoy the same legal protections as full-time employees, with benefits calculated proportionally.

Social security obligations under Ley 100 de 1993 apply to part-time workers based on the actual salary earned. The employer must register part-time workers with the Sistema General de Seguridad Social Integral: health coverage through an Entidad Promotora de Salud (EPS) with contributions calculated on the reported salary (employer 8.5%, worker 4%); pension through Colpensiones or a private Administradora de Fondos de Pensiones (AFP) with contributions on the reported salary (employer 12%, worker 4%); and occupational risk insurance through an Administradora de Riesgos Laborales (ARL) funded entirely by the employer. Decreto 2616 de 2013, which regulated social security contributions for part-time workers earning less than one SMLMV, was a critical regulatory development — allowing proportional contributions based on days or hours worked, reported through the Planilla Integrada de Liquidacion de Aportes (PILA).

The Ministerio del Trabajo (MinTrabajo) through Decreto 1072 de 2015 — the Decreto Unico Reglamentario del Sector Trabajo — consolidates all regulatory provisions applicable to part-time employment relationships. Employers must implement a Sistema de Gestion de Seguridad y Salud en el Trabajo (SG-SST) covering part-time workers per Resolucion 0312 de 2019. Parafiscal contributions — 4% to Cajas de Compensacion Familiar (CCF), and where applicable 3% to Instituto Colombiano de Bienestar Familiar (ICBF) and 2% to SENA — are calculated on the actual payroll, subject to the exemption under Ley 1607 de 2012 Article 25 for workers earning less than ten SMLMV.

The salario minimo mensual legal vigente (SMLMV) for 2025 is COP$1.423.500 per Decreto 2292 de 2024. Part-time workers must receive at least the proportional equivalent of the SMLMV based on hours worked — a worker performing half the full-time hours must earn at least half the SMLMV. The auxilio de transporte (COP$200.000 monthly for 2025) applies to part-time workers earning up to two SMLMV who must physically commute to the workplace. Labour disputes arising from part-time contracts fall under the jurisdiction of Juzgados Laborales del Circuito, with appeals to the Sala Laboral of the Tribunal Superior de Distrito Judicial and cassation review by the Sala de Casacion Laboral of the Corte Suprema de Justicia.

A Part-Time Employment Contract Colombia is required whenever a Colombian employer engages a worker for fewer hours than the maximum ordinary working week established by CST Article 158 as modified by Ley 2101 de 2021. Article 197 of the CST mandates that any employment relationship involving reduced hours must be documented to specify the agreed schedule and the proportional calculation of salary and prestaciones sociales.

The contract is needed when a Sociedad por Acciones Simplificada (SAS) under Ley 1258 de 2008, a Sociedad de Responsabilidad Limitada (Ltda.), a Sociedad Anonima (SA), or a natural person registered with the DIAN as persona natural comerciante hires workers for positions that do not require full-time availability. Common situations include retail businesses requiring weekend or evening staff, restaurants hiring servers for specific meal shifts, educational institutions engaging part-time instructors, and professional firms hiring specialists for limited weekly hours.

A Contrato de Trabajo a Tiempo Parcial is required when students, retirees, or individuals with caregiving responsibilities seek employment compatible with their schedules. Ley 789 de 2002 Article 1 specifically promotes flexible work arrangements to increase formal employment participation among these demographic groups. The Ministerio del Trabajo has emphasized through administrative circulars that part-time employment must be formalized to prevent informality and protect workers' social security rights.

The document is needed for social security registration purposes. Under Decreto 2616 de 2013 and the PILA reporting system, employers must register part-time workers and make proportional contributions based on the reported salary. Without a written contract specifying the agreed hours and salary, employers face difficulties in the PILA system and potential sanctions from the Unidad de Gestion Pensional y Parafiscales (UGPP) for incorrect contribution calculations.

A part-time employment contract is required when an employer converts a full-time position to part-time or when a worker requests a reduction in hours. CST Article 50 provides that modifications to the employment contract must be agreed upon by both parties — unilateral reduction of hours by the employer without the worker's consent constitutes an unjustified modification that may trigger indemnification under CST Article 64. The written agreement documents the consensual nature of the arrangement.

MinTrabajo inspectors under CST Articles 485 through 487 may require production of written employment contracts during workplace inspections. A properly documented part-time contract serves as evidence of compliance with proportional benefit calculations, social security registration obligations, and the employer's adherence to minimum wage requirements on a pro-rata basis.

A valid Part-Time Employment Contract Colombia under Article 197 of the Codigo Sustantivo del Trabajo and Ley 789 de 2002 must contain the following elements to be enforceable and to satisfy social security registration requirements under Ley 100 de 1993 and Decreto 1072 de 2015.

Identification of Parties: Full legal name, cedula de ciudadania number (for Colombian nationals) or cedula de extranjeria (for foreign residents), and domicile of both employer and worker. Where the employer is a persona juridica, the company's NIT (Numero de Identificacion Tributaria assigned by the DIAN), Camara de Comercio matricula mercantil number, and identification of the representante legal must be included. Corporate authority must be verified through a Certificado de Existencia y Representacion Legal issued by the corresponding Camara de Comercio.

Part-Time Designation and Hours: Explicit statement that the contract establishes a part-time (tiempo parcial) employment relationship under CST Article 197. The agreed weekly hours must be specified — typically expressed as a fraction of the maximum legal working week under CST Article 158 as modified by Ley 2101 de 2021. The daily schedule, including start and end times, days of work, and rest periods, must be clearly defined. The contract must specify the full-time equivalent for proportional benefit calculations.

Job Position and Functions: The specific job title (cargo) and description of duties. CST Article 37 requires identification of the nature of work. Part-time workers perform the same quality of work as full-time employees — the distinction lies solely in the quantity of hours. Where the position involves handling money or confidential information, fiduciary duty clauses under CST Article 58 numeral 10 should be included.

Work Location: The address of the primary workplace (lugar de prestacion del servicio). Where part-time work is performed remotely, the contract must comply with Ley 2088 de 2021 (trabajo en casa) or Ley 1221 de 2008 (teletrabajo) requirements.

Duration and Start Date: Statement of whether the contract is indefinite (a termino indefinido under CST Article 45) or fixed-term (a termino fijo under CST Article 46). The start date and, if applicable, the trial period (periodo de prueba) must be specified — maximum two months for indefinite contracts under CST Article 76, stipulated in writing per CST Article 77.

Proportional Salary: The agreed monthly salary in Colombian Pesos (COP), calculated proportionally to the hours worked relative to the full-time equivalent. The hourly rate must equal or exceed the SMLMV (COP$1.423.500 for 2025 per Decreto 2292 de 2024) divided by the maximum monthly hours. A worker performing 24 hours per week (approximately half-time) must earn at least approximately COP$711.750 per month. The auxilio de transporte (COP$200.000 for 2025) applies to part-time workers earning up to two SMLMV who physically commute.

Proportional Prestaciones Sociales: Explicit reference to the proportional calculation of all mandatory benefits — cesantias deposited in the Fondo de Cesantias by 14 February under Ley 50 de 1990 Article 14, calculated on the proportional salary; intereses sobre cesantias at 12% annual paid by 31 January under CST Article 249; prima de servicios in two instalments under CST Article 306; 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. All calculations use the proportional salary as the base.

Social Security Affiliation: Registration with the Sistema General de Seguridad Social Integral under Ley 100 de 1993. For part-time workers earning less than one SMLMV, Decreto 2616 de 2013 establishes the mechanism for proportional social security contributions reported through the PILA system. Health (EPS), pension (AFP/Colpensiones), and occupational risk (ARL) contributions are calculated on the reported salary. The agreement must identify the worker's selected EPS and AFP.

Overtime and Additional Hours: Part-time workers who work beyond their agreed schedule are entitled to compensation for additional hours. Hours worked beyond the part-time schedule but within the full-time maximum are paid at the ordinary hourly rate. Hours exceeding the full-time maximum constitute overtime under CST Article 168 — daytime overtime at 25% surcharge, nighttime overtime at 75% surcharge.

Termination and Indemnification: The indemnification regime of CST Article 64, modified by Ley 789 de 2002 Article 28, applies to part-time workers based on the proportional salary. The contract must reference the just causes for termination under CST Article 62 and the worker's right to due process (debido proceso) per Corte Constitucional Sentencia C-593 de 2014.

Forms-legal.com provides this Part-Time Employment Contract Colombia template as a practical starting point for formalizing reduced-hour employment relationships. Each contract should be reviewed by a licensed abogado laboralista to confirm compliance with applicable collective bargaining agreements, sector-specific regulations, and the proportional benefit calculations required by Colombian law. MinTrabajo, the UGPP, and the DIAN each maintain independent audit authority over employer compliance with social security and tax obligations.