Daily Working Hours Log Colombia (Registro de Horas de Trabajo)

A Daily Working Hours Log Colombia (Registro de Horas de Trabajo) is a formal employer record documenting the daily entry times, exit times, break periods, and overtime hours worked by each employee, as required by Article 159 of the Codigo Sustantivo del Trabajo (CST) and regulated by the working hours framework established in Ley 2101 de 2021. Article 159 of the CST mandates that employers maintain a registro de horas de trabajo reflecting the actual hours worked by each employee, serving as the primary evidentiary document for overtime calculations, labour inspection audits, and dispute resolution before Colombian labour courts.

The working hours framework in Colombia underwent a major reform with Ley 2101 de 2021, which progressively reduces the maximum ordinary working week from 48 to 42 hours through a phased implementation. The reduction schedule established in Article 3 of Ley 2101 proceeds as follows: 47 hours from 15 July 2023, 46 hours from 15 July 2024, 44 hours from 15 July 2025, and 42 hours from 15 July 2026. The Daily Working Hours Log must reflect these progressive reductions, as hours worked beyond the applicable weekly maximum constitute overtime (horas extras) subject to mandatory surcharges under CST Articles 168 and 169.

CST Article 158 defines the maximum ordinary workday (jornada maxima legal) and establishes three workday classifications: jornada diurna (daytime, 6:00 AM to 9:00 PM) with a maximum of eight hours per day, jornada nocturna (nighttime, 9:00 PM to 6:00 AM) with a maximum of six hours, and jornada mixta (mixed) spanning both periods. The Daily Working Hours Log must accurately classify each hour worked under the applicable workday type, as nighttime hours carry a 35% surcharge under CST Article 168 as modified by Ley 789 de 2002 Article 24.

Overtime in Colombia is strictly regulated by CST Articles 159 through 169 and requires prior authorization from the Ministerio del Trabajo (MinTrabajo). Article 162 of the CST prohibits employers from requiring overtime exceeding two hours per day and 12 hours per week. The Daily Working Hours Log serves as evidence of compliance with these limits during MinTrabajo inspections under CST Articles 485 through 487. Daytime overtime (hora extra diurna) carries a 25% surcharge, nighttime overtime (hora extra nocturna) carries a 75% surcharge, Sunday and holiday work (recargo dominical y festivo) carries a 75% surcharge for ordinary hours and 100% for overtime hours, all calculated over the ordinary hourly wage per CST Articles 168 and 179.

Decree 1072 de 2015 — the Decreto Unico Reglamentario del Sector Trabajo — consolidates all regulatory provisions governing working hours, rest periods, and overtime. Chapter 1 of Title 6 of Part 2 of Decreto 1072 addresses the employer's obligation to request MinTrabajo authorization before implementing overtime schedules. The authorization request must include the justification for overtime, the expected duration, and the number of workers affected. MinTrabajo may deny authorization where the overtime exceeds statutory limits or threatens worker health and safety.

The Ministerio del Trabajo enforces working hours compliance through the Direccion Territorial del Trabajo, which conducts scheduled and surprise workplace inspections. Ley 1610 de 2013 Article 7 authorizes MinTrabajo to impose fines of up to 5,000 SMLMV (salarios minimos mensuales legales vigentes) on employers who violate working hours regulations, fail to maintain adequate time records, or require unauthorized overtime. The Daily Working Hours Log is the first document requested by MinTrabajo inspectors during labour compliance audits.

The Corte Suprema de Justicia — Sala de Casacion Laboral — has established in multiple rulings that the burden of proving hours actually worked falls on the employer when a worker claims unpaid overtime. In Sentencia SL-17443 de 2016, the Sala Laboral held that where the employer cannot produce a registro de horas de trabajo, the court may accept the worker's testimony regarding hours worked, creating a strong procedural incentive for employers to maintain accurate and complete time records.

Under Ley 2101 de 2021 Article 2, employers and workers may agree on flexible distribution of the weekly working hours across the working days, provided no single day exceeds ten hours and the mandatory weekly rest of 24 consecutive hours under CST Article 172 is observed. The Daily Working Hours Log must reflect any flexible hour distribution arrangement, documenting the specific schedule agreed and the actual hours worked each day.

A Daily Working Hours Log Colombia is needed by every employer operating in Colombia that engages workers under employment contracts governed by the Codigo Sustantivo del Trabajo. Article 159 of the CST requires employers to maintain a contemporaneous record of the hours worked by each employee, and this obligation applies regardless of the employer's size, industry sector, or organizational structure — from a Sociedad por Acciones Simplificada (SAS) under Ley 1258 de 2008 to a persona natural comerciante registered with the DIAN.

The Registro de Horas de Trabajo is required when an employer implements the progressive working week reduction mandated by Ley 2101 de 2021. As the maximum ordinary week decreases from 48 toward 42 hours, the log serves as evidence that the employer has adjusted schedules accordingly and is not requiring workers to exceed the applicable weekly limit. The Direccion Territorial del Trabajo may request the log during compliance audits to verify adherence to the current reduction phase.

The log is necessary when workers perform overtime (horas extras) that triggers surcharge payments under CST Articles 168 and 169. Without a Daily Working Hours Log, the employer cannot accurately calculate overtime surcharges — 25% for daytime overtime, 75% for nighttime overtime, 75% for ordinary Sunday/holiday work, and 100% for overtime on Sundays and holidays. The Corte Suprema de Justicia Sala Laboral has consistently held that where overtime records are incomplete or absent, the court may accept the worker's testimony regarding hours worked, as established in Sentencia SL-17443 de 2016.

A Daily Working Hours Log is needed when the employer and workers have agreed on a flexible distribution of working hours under CST Article 161, modified by Ley 2101 de 2021. Flexible hour arrangements — where weekly hours are distributed unevenly across working days, with no single day exceeding ten hours — must be documented in the time log to demonstrate that the total weekly hours do not exceed the statutory maximum.

The log is required for employers implementing shift work (trabajo por turnos) under CST Article 165. Shift workers may work up to six consecutive hours in nocturnal shifts, and the log must accurately classify each hour under the applicable workday type (diurna, nocturna, or mixta) to calculate the corresponding night surcharges and rest period entitlements.

MinTrabajo inspectors conducting workplace audits under CST Articles 485 through 487 routinely request the Daily Working Hours Log as the primary evidence of working hours compliance. Employers who cannot produce the log face administrative sanctions under Ley 1610 de 2013 and adverse presumptions in any subsequent labour dispute before the Juzgado Laboral del Circuito.

The Registro de Horas de Trabajo is also needed for payroll processing purposes, as the PILA (Planilla Integrada de Liquidacion de Aportes) requires accurate reporting of the Ingreso Base de Cotizacion (IBC), which includes overtime payments and surcharges when calculating social security contributions under Ley 100 de 1993 and Decreto 1406 de 1999. Inaccurate IBC reporting due to missing overtime records may trigger UGPP (Unidad de Gestion Pensional y Parafiscales) audits and sanctions under Ley 1607 de 2012, making the time log a critical payroll compliance document.

A valid Daily Working Hours Log Colombia under Article 159 of the Codigo Sustantivo del Trabajo and Ley 2101 de 2021 must contain the following elements to serve as a compliant time record for MinTrabajo inspections, overtime calculations, and labour dispute evidence under Decreto 1072 de 2015.

Employer Identification: Legal name (razon social) of the company, NIT (Numero de Identificacion Tributaria) assigned by the DIAN, registered address (domicilio principal), and the workplace location where the hours are recorded. For employers with multiple work sites, a separate log or clearly designated sections for each location should be maintained to allow MinTrabajo inspectors to verify compliance at each site independently.

Employee Identification: Full name of the worker, cedula de ciudadania number (for Colombian nationals) or cedula de extranjeria (for foreign residents), job title (cargo), and the department or area to which the worker is assigned. Each worker must have an individual record within the log, as CST Article 159 requires tracking on a per-employee basis.

Recording Period: The week or month covered by the log, with clear start and end dates aligned with the employer's payroll cycle. Under CST Article 134, salaries must be paid at intervals no longer than one month, and the time log period should correspond to the payment period for accurate overtime and surcharge calculations.

Daily Entry and Exit Times: For each working day, the exact time the worker arrives at the workplace (hora de entrada) and the time the worker departs (hora de salida). CST Article 158 defines the maximum daily hours based on workday type: up to eight hours for jornada diurna (6:00 AM to 9:00 PM), up to six hours for jornada nocturna (9:00 PM to 6:00 AM), and proportional limits for jornada mixta. Under Ley 2101 de 2021 Article 2, the daily maximum may extend to ten hours when hours are distributed flexibly across the week.

Break and Rest Periods: The start and end times of the lunch break and any other rest periods during the workday. While the CST does not mandate a specific lunch break duration, the Reglamento Interno de Trabajo (Internal Work Regulation under CST Articles 104 through 125) typically establishes a one-hour lunch break. Break periods are generally not counted as working time unless the worker remains at the employer's disposal during the break, per the subordination criteria of CST Article 23.

Ordinary Hours Worked: The total number of ordinary hours worked each day, classified by workday type — diurna, nocturna, or mixta — with subtotals for the week. The weekly total must not exceed the applicable maximum under the Ley 2101 de 2021 progressive reduction schedule: 46 hours from 15 July 2024, 44 hours from 15 July 2025, and 42 hours from 15 July 2026.

Overtime Hours: Any hours worked beyond the daily or weekly ordinary maximum, classified by type and applicable surcharge under CST Articles 168 and 169. The log must distinguish between: hora extra diurna (25% surcharge), hora extra nocturna (75% surcharge), trabajo dominical y festivo ordinario (75% surcharge), and trabajo dominical y festivo extra (100% surcharge). CST Article 162 limits overtime to two hours per day and 12 hours per week, and the MinTrabajo authorization number should be referenced where applicable.

Employee Acknowledgment: The worker's signature or electronic authentication confirming the accuracy of the recorded hours for each period. The Corte Suprema de Justicia Sala Laboral has given greater evidentiary weight to time records bearing the worker's signature, as established in Sentencia SL-17443 de 2016.

Forms-legal.com provides this Daily Working Hours Log Colombia template as a practical compliance tool for tracking employee hours under the CST and Ley 2101 de 2021. Each employer should adapt the log to reflect the specific working schedule, shift arrangements, and overtime policies established in the employment contracts and the Reglamento Interno de Trabajo.