Annual Leave Request Form Colombia (Solicitud de Vacaciones)

An Annual Leave Request Form Colombia (Solicitud de Vacaciones) is a formal written application from a worker to their employer requesting the use of paid annual leave (vacaciones remuneradas), governed by Article 186 of the Código Sustantivo del Trabajo (CST) — Decreto Ley 2663 de 1950 — and Ley 50 de 1990 Article 5. Article 186 of the CST establishes that every worker who has completed one year of continuous service is entitled to fifteen (15) consecutive business days (días hábiles) of paid annual leave, a right that cannot be waived or reduced by agreement between the parties under CST Article 14.

The constitutional foundation for annual leave in Colombia rests in Article 53 of the Constitución Política de 1991, which establishes the right to rest as a fundamental principle of labour relations. Article 25 protects work in conditions of dignity, and the Corte Constitucional has consistently affirmed that vacations serve a dual purpose: they protect the worker's physical and mental health, and they preserve the worker's productive capacity for the benefit of both parties and society. The International Labour Organization (ILO) Convention No. 132 on Holidays with Pay, ratified by Colombia through Ley 995 de 2005, reinforces the mandatory nature of annual leave.

Under CST Article 187, the employer has the authority to determine the timing of annual leave (época de vacaciones), considering both the worker's preferences and the operational needs of the business. However, the employer must grant vacations within the year following the date on which the worker accrued the right — CST Article 190 establishes that the employer and worker may agree in writing to accumulate vacations for up to two consecutive years, but vacations corresponding to a third year must be taken regardless of any agreement. The Ministerio del Trabajo (MinTrabajo) through its territorial inspecciones del trabajo enforces compliance with vacation scheduling under CST Articles 485 through 487.

Ley 50 de 1990 Article 5 introduced the possibility of splitting annual leave into two periods: the worker must take at least six (6) consecutive business days of vacation, and the remaining nine (9) days may be taken at a different time within the same vacation year. Under CST Article 189, the employer and worker may agree to compensate in money up to half of the annual vacation entitlement — a maximum of seven and a half (7.5) business days — while the worker must take the remaining half as actual rest. The Corte Suprema de Justicia, Sala de Casación Laboral, has ruled that mandatory rest cannot be replaced entirely by monetary compensation during the employment relationship.

Vacation pay is calculated at the worker's ordinary salary rate under CST Article 192 — the auxilio de transporte is excluded from the vacation pay calculation because it compensates the cost of commuting, which does not arise during vacation periods. For workers receiving variable remuneration (commissions, production bonuses, or piece-rate pay), vacation pay is calculated on the average of what the worker earned during the twelve months preceding the start of vacation under CST Article 192. Workers under salario integral per CST Article 132 receive vacation pay at 70% of their total monthly salary, which represents the salary component excluding the prestational factor.

The employer must maintain a registro de vacaciones (vacation registry) for each worker under CST Article 264, recording the date of entry into service, the vacation period to which the worker is entitled, the dates on which vacation was taken, and the amounts paid. The Ministerio del Trabajo inspectors may request this registry during workplace inspections. Under Decreto 1072 de 2015 (Decreto Único Reglamentario del Sector Trabajo), failure to grant vacations within the statutory timeframe may result in administrative sanctions.

For workers in the public sector (servidores públicos), annual leave is governed by Decreto 1045 de 1978, which grants fifteen (15) business days of vacation per year of service. The Comisión Nacional del Servicio Civil (CNSC) and the Departamento Administrativo de la Función Pública (DAFP) oversee compliance with public sector vacation entitlements under Ley 909 de 2004.

An Annual Leave Request Form Colombia is required whenever a worker wishes to exercise the right to paid annual leave accrued under Article 186 of the Código Sustantivo del Trabajo. While the CST grants the employer discretion over vacation scheduling under Article 187, written requests formalize the process, establish a record of the worker's preference, and satisfy the documentation requirements of Decreto 1072 de 2015 for the employer's vacation registry under CST Article 264.

The form is needed when a worker has completed one full year of continuous service and requests the statutory fifteen (15) business days of paid vacation. Under CST Article 186, the right to vacations accrues automatically upon completion of each service year — the worker does not need to earn or negotiate vacation time. The employer must schedule vacations within the year following accrual, and the worker's written request initiates the scheduling process that balances the worker's preferences with operational needs under CST Article 187.

A Solicitud de Vacaciones is required when the worker and employer agree to split the annual leave under Ley 50 de 1990 Article 5. The request should specify the desired dates for each vacation segment — the first period of at least six (6) consecutive business days and the remaining nine (9) days to be taken at a separate time. Written documentation of the split arrangement protects both parties in the event of disputes over scheduling or compensation calculations.

The form is needed when a worker requests partial monetary compensation for unused vacation under CST Article 189. The worker may agree with the employer to receive payment for up to half of the annual vacation entitlement (7.5 business days) while taking the remaining half as actual rest. The written request and employer's authorization must be documented and filed in the worker's personnel record maintained under Decreto 1072 de 2015.

An annual leave request is also required when a worker seeks to accumulate vacations for two consecutive years under CST Article 190. The written agreement between worker and employer to accumulate must specify the service years being accumulated and the planned vacation dates for taking the combined leave — a maximum of thirty (30) business days of consecutive vacation. Any accumulation beyond two years is prohibited by law, and the Ministerio del Trabajo may impose sanctions on employers who allow accumulation of three or more years.

The document is needed for workers approaching retirement or contract termination who wish to take accrued vacation rather than receive monetary compensation. Under CST Article 189, upon termination of the employment contract, the employer must pay compensation for all unused vacation days (vacaciones causadas no disfrutadas) at the ordinary salary rate. However, many workers prefer to take actual rest before their departure date, and the written request establishes whether the vacation period is taken or compensated.

A valid Annual Leave Request Form Colombia must contain specific elements to satisfy the requirements of the Código Sustantivo del Trabajo and support the employer's vacation registry obligations under CST Article 264 and Decreto 1072 de 2015.

Worker Identification: Full legal name of the requesting worker (nombre completo), identification document type and number — cédula de ciudadanía for Colombian nationals or cédula de extranjería for foreign residents under Decreto 1067 de 2015 — current position (cargo), and department or functional area (área o departamento). The identification must match records filed in the Planilla Integrada de Liquidación de Aportes (PILA) system for social security purposes.

Employer Identification: The full legal name (razón social) of the employing entity, NIT (Número de Identificación Tributaria) assigned by the DIAN (Dirección de Impuestos y Aduanas Nacionales), and the name and position of the supervisor or HR officer to whom the request is addressed. Under Decreto 1072 de 2015, the employer must designate a responsible officer for managing vacation scheduling and maintaining the vacation registry.

Service Period: The specific annual service period for which vacation is being requested — for example, the period from DD/MM/YYYY to DD/MM/YYYY. Under CST Article 186, vacation rights accrue upon completion of each full year of continuous service. The request should specify which accrual year the vacation corresponds to, particularly for workers with accumulated vacation from prior years under CST Article 190.

Requested Vacation Dates: The proposed start date (fecha de inicio) and return date (fecha de reintegro) of the vacation period. Under CST Article 186, the standard vacation entitlement is fifteen (15) consecutive business days — the request should specify calendar dates, noting that Saturdays, Sundays, and legal holidays (festivos) established by Ley 51 de 1983 are not counted as vacation days. Where the worker requests split vacation under Ley 50 de 1990 Article 5, both segments must be specified with their respective dates.

Vacation Modality: Specification of how the vacation will be taken — full fifteen (15) business days consecutively; split into two periods under Ley 50 de 1990 Article 5 (minimum six consecutive business days plus remaining nine days); or partial monetary compensation of up to half the entitlement under CST Article 189 combined with actual rest for the remaining days. The chosen modality must comply with the statutory requirements — full monetary substitution of the entire vacation period is prohibited during the employment relationship under CST Article 189.

Accumulation Statement: Where the worker is requesting accumulated vacation under CST Article 190, the request must specify the service years being combined and confirm that the accumulation does not exceed two consecutive years. The Ministerio del Trabajo enforces the prohibition against accumulating three or more years of vacation, and the employer may face administrative sanctions under CST Articles 485 through 487 for non-compliance.

Vacation Pay Calculation: Reference to the salary base for vacation pay calculation. Under CST Article 192, vacation pay equals the ordinary salary (salario ordinario) — excluding the auxilio de transporte — for the vacation period. For workers with variable remuneration, the calculation uses the average earnings over the twelve months preceding the vacation. Workers under salario integral per CST Article 132 as modified by Ley 50 de 1990 receive vacation pay at 70% of their total monthly amount.

Contact Information During Leave: The worker's contact telephone number and location during the vacation period. While not legally mandated, many Colombian employers request this information for operational continuity and emergency communication purposes.

Approval Section: Space for the employer's authorized representative — typically the direct supervisor and HR department — to approve or deny the request with written justification. Under CST Article 187, the employer retains scheduling authority and may propose alternative dates based on operational needs, but must grant vacations within the year following accrual. The approval section should include signature lines, dates, and any observations regarding scheduling adjustments.

Forms-legal.com provides this Annual Leave Request Form Colombia template as a practical tool for workers exercising their statutory vacation rights under CST Article 186 and Ley 50 de 1990. Both employers and workers should verify that vacation scheduling and compensation comply with the specific provisions of applicable collective bargaining agreements (convenciones colectivas de trabajo under CST Articles 467 through 480) and internal work regulations (Reglamento Interno de Trabajo under CST Articles 104 through 125), which may establish additional vacation procedures or enhanced entitlements beyond the statutory minimum.