Overtime Authorization Form Colombia (Autorización de Horas Extra)

An Overtime Authorization Form Colombia (Autorización de Horas Extra) is a formal document through which an employer authorizes and records work performed by a worker beyond the ordinary working hours established in the employment contract, as regulated by the Código Sustantivo del Trabajo (CST) Article 162 and the Decreto Único Reglamentario del Sector Trabajo — Decreto 1072 de 2015. Article 162 of the CST, as modified by Ley 2101 de 2021, limits the maximum ordinary working week and establishes the framework for overtime authorization, requiring employers to obtain prior permission from the Ministerio del Trabajo (MinTrabajo) to exceed statutory overtime limits.

The ordinary working week in Colombia is governed by CST Article 158, progressively reduced by Ley 2101 de 2021 from 48 hours to 42 hours through a phased implementation: 47 hours effective July 2023, 46 hours from July 2024, 44 hours from July 2025, and 42 hours from July 2026. Working hours beyond the applicable weekly maximum constitute horas extra (overtime) and must be compensated with the surcharges established in CST Article 168: 25% over the ordinary hourly rate for daytime overtime (hora extra diurna, between 6:00 AM and 9:00 PM) and 75% over the ordinary hourly rate for nighttime overtime (hora extra nocturna, between 9:00 PM and 6:00 AM).

CST Article 162 establishes a maximum of two (2) hours of overtime per day and twelve (12) hours of overtime per week. Employers who require overtime beyond these limits must obtain prior authorization from the Dirección Territorial del Ministerio del Trabajo through a solicitud de autorización de trabajo suplementario, submitting the justification and the proposed overtime schedule. MinTrabajo grants or denies the authorization based on the operational necessity and the impact on workers' health and safety under the standards of the Sistema de Gestión de Seguridad y Salud en el Trabajo (SG-SST) established by Resolución 0312 de 2019.

Sunday and holiday work is separately regulated by CST Article 172 (mandatory weekly rest) and CST Article 179 (holiday surcharges). Workers who work on Sundays or legal holidays established by Ley 51 de 1983 are entitled to a 75% surcharge over the ordinary daily rate, unless the employer provides compensatory rest within the following week. When Sunday or holiday work also involves overtime or night hours, the surcharges are cumulative — a worker performing nighttime overtime on a Sunday receives the combined surcharges of all applicable categories.

The ordinary hourly rate is calculated by dividing the monthly salary by 240, the standard monthly hour equivalent used in Colombian payroll calculations. For workers earning the SMLMV (COP$1.423.500 for 2025 under Decreto 2292 de 2024), the ordinary hourly rate is COP$5.931,25. All overtime calculations must appear as separate line items on the comprobante de pago de nómina (payroll receipt) as required by CST Article 57.

The Ministerio del Trabajo enforces overtime regulations through workplace inspections under CST Articles 485 through 487. Employers who require overtime without proper authorization or who fail to pay the mandatory surcharges face administrative sanctions of up to 5,000 SMLMV under CST Article 486. The Corte Suprema de Justicia Sala de Casación Laboral has held in consistent jurisprudence that the burden of proof regarding working hours rests on the employer — employers who cannot produce overtime authorization records and time-tracking documentation face adverse presumptions in favour of workers' claims.

The SG-SST under Decreto 1072 de 2015 and Resolución 0312 de 2019 requires employers to evaluate the occupational health impact of overtime work. Extended working hours increase the risk of workplace accidents and occupational diseases — the ARL (Administradora de Riesgos Laborales) under Ley 1562 de 2012 may increase the employer's risk classification and contribution rate if excessive overtime patterns are identified during audits.

An Overtime Authorization Form Colombia is required whenever a worker performs work beyond the ordinary hours established in their employment contract and the statutory weekly maximum under CST Article 158 as modified by Ley 2101 de 2021. The form serves as both an authorization instrument and an evidentiary record for payroll, MinTrabajo inspections, and potential labour disputes before the Juzgados Laborales del Circuito.

The authorization is needed when operational demands require a worker to extend their daily shift beyond the agreed schedule. Under CST Article 162, overtime is limited to two (2) hours per day and twelve (12) hours per week without special MinTrabajo authorization. The employer must document the justification, the specific hours authorized, and the applicable surcharge rate before the worker begins overtime — retroactive authorizations lack evidentiary value in labour proceedings.

The form is required when the employer needs workers to perform tasks on Sundays or legal holidays established by Ley 51 de 1983. CST Article 172 mandates twenty-four (24) consecutive hours of weekly rest, typically on Sunday. Employers who require Sunday work must offer compensatory rest within the following week or pay the 75% surcharge under CST Article 179. Holiday work compensation follows the same surcharge structure.

An Overtime Authorization Form is needed when an employer applies to the Dirección Territorial del Ministerio del Trabajo for authorization to exceed the daily or weekly overtime limits of CST Article 162. The application must include a written justification, the proposed overtime schedule, the number of affected workers, and evidence that the overtime will not compromise the SG-SST under Decreto 1072 de 2015 and Resolución 0312 de 2019.

The document is required for payroll processing purposes. Under CST Article 57, employers must maintain detailed records of all overtime worked, including the date, start time, end time, and applicable surcharge category. The Planilla Integrada de Liquidación de Aportes (PILA) system requires accurate salary reporting that includes overtime earnings — underreporting overtime triggers UGPP audits under Ley 1607 de 2012.

An authorization form is needed when a worker covered by a convención colectiva de trabajo (collective bargaining agreement) performs overtime. Union agreements negotiated under CST Articles 467 through 471 may establish overtime conditions more favourable than the statutory minimums — the authorization must reference both the CST provisions and any applicable collective agreement terms.

A valid Overtime Authorization Form Colombia under CST Article 162 and Decreto 1072 de 2015 must contain the following elements to comply with MinTrabajo inspection requirements and serve as payroll documentation for the Planilla Integrada de Liquidación de Aportes (PILA) system.

Employer Identification: Full razón social, NIT (Número de Identificación Tributaria assigned by the DIAN), and the name and position of the supervisor or manager authorizing the overtime. The Cámara de Comercio matrícula mercantil verifies the employer's legal standing. Where the employer has obtained special MinTrabajo authorization for extended overtime under CST Article 162, the authorization resolution number and date must be referenced.

Employee Identification: Full name, cédula de ciudadanía (for Colombian nationals) or cédula de extranjería (for foreign residents), job title (cargo), and department. The employment contract type — contrato a término indefinido under CST Article 45 or contrato a término fijo under CST Article 46 — determines the applicable overtime framework.

Ordinary Schedule Reference: The worker's normal daily and weekly schedule as established in the employment contract, including the workday type (diurna, nocturna, or mixta under CST Article 160) and the applicable weekly hour limit under Ley 2101 de 2021 (46 hours effective July 2024, 44 hours from July 2025, 42 hours from July 2026). Overtime begins only after the ordinary schedule is completed.

Overtime Details: The specific date(s), start time, end time, and total overtime hours authorized. Each overtime period must be classified by surcharge category under CST Article 168: hora extra diurna (25% surcharge, 6:00 AM to 9:00 PM), hora extra nocturna (75% surcharge, 9:00 PM to 6:00 AM), recargo nocturno (35% surcharge for regular night work), recargo dominical (75% surcharge for Sunday work under CST Article 179), or recargo festivo (75% surcharge for holiday work). Cumulative surcharges apply when overtime falls on Sundays, holidays, or night hours simultaneously.

Justification: A clear written explanation of why overtime is necessary — production deadlines, emergency maintenance, seasonal demand, or other operational requirements. CST Article 162 limits overtime to situations that cannot be addressed during ordinary working hours. The Ministerio del Trabajo evaluates justifications during inspections and may revoke authorization for frivolous or systematic overtime patterns.

Compensation Calculation: The worker's ordinary hourly rate (monthly salary divided by 240) and the calculated overtime payment for each category. For workers earning the SMLMV (COP$1.423.500 for 2025 under Decreto 2292 de 2024), the ordinary hourly rate is COP$5.931,25 — daytime overtime at COP$7.414,06 per hour (125%) and nighttime overtime at COP$10.379,69 per hour (175%). The calculation must appear as separate line items on the payroll receipt.

Occupational Health Consideration: A statement confirming that the authorized overtime does not violate the SG-SST established under Decreto 1072 de 2015 and Resolución 0312 de 2019. The Comité Paritario de Seguridad y Salud en el Trabajo (COPASST) or the Vigía de Seguridad y Salud en el Trabajo (for companies with fewer than 10 workers) should be informed of recurring overtime patterns. The ARL under Ley 1562 de 2012 may adjust the employer's risk classification based on overtime exposure.

Forms-legal.com provides this Overtime Authorization Form Colombia template as a practical tool for documenting work beyond ordinary hours in compliance with the Código Sustantivo del Trabajo. Each employer should maintain a registro de horas extra reviewed by the human resources department and the COPASST to monitor compliance with the daily and weekly overtime limits of CST Article 162.

Signatures: The authorizing supervisor's or manager's signature with name, position, and date of authorization. The worker's signature acknowledging the overtime assignment, the applicable surcharge rates, and the expected schedule. Under CST Article 139, the worker's signature does not constitute a waiver of the right to claim additional compensation if the actual hours worked exceed the authorized overtime.