Employee Warning Letter Colombia (Carta de Advertencia al Empleado)

Employee Warning Letter Colombia (Carta de Advertencia al Empleado) is a formal written communication issued by an employer (empleador) to an employee (trabajador) documenting a specific instance of misconduct, policy violation, or performance deficiency, governed by the disciplinary framework established in the Codigo Sustantivo del Trabajo (CST) Articles 104 through 125 and regulated by Decreto 1072 de 2015. Colombian labour law treats the warning letter as a fundamental component of the employer's progressive disciplinary process (proceso disciplinario progresivo), creating a documented record that may support a future termination for just cause (justa causa) under CST Article 62 if the employee's conduct does not improve.

CST Article 111 establishes that the Reglamento Interno de Trabajo (Internal Work Regulation) must contain provisions governing the disciplinary procedures applicable to workers who violate their contractual obligations, the employer's internal rules, or the prohibitions established in CST Article 60. Companies with more than five permanent employees for commercial establishments, or more than ten for industrial establishments, must adopt a Reglamento Interno de Trabajo under CST Article 104 and submit it for approval to the Direccion Territorial of the Ministerio del Trabajo (MinTrabajo) under CST Article 106. The warning letter derives its legal significance from this regulatory framework — each warning constitutes a documented step in the disciplinary escalation process defined in the employer's Reglamento.

The Corte Constitucional de Colombia has established through its jurisprudencia — particularly Sentencia C-593 de 2014 and Sentencia T-917 de 2014 — that all disciplinary actions taken by employers must comply with the constitutional guarantee of due process (debido proceso) enshrined in Article 29 of the Constitucion Politica de 1991. Before issuing a warning letter, the employer must inform the employee of the specific conduct or deficiency at issue, provide the employee an opportunity to present an explanation (descargos), and document the proceedings. The Sala de Casacion Laboral of the Corte Suprema de Justicia has confirmed that warnings issued without affording the employee an opportunity to be heard may be challenged by the employee through a tutela action or labour court proceeding.

Under Colombian labour law, warning letters serve multiple legal functions in the employment relationship. A warning documents the employer's exercise of the power of subordination (poder de subordinacion) under CST Article 23, which grants employers the authority to issue orders, establish work rules, and impose disciplinary sanctions within the limits of the law. Warnings also create a chronological record of the employee's conduct that is critical for establishing the ground of sustained deficiency in work performance (deficiencia sistematica en el rendimiento) under CST Article 62 numeral 9, which requires the employer to demonstrate that a reasonable correction period was granted before invoking this ground for termination.

The Sistema de Gestion de Seguridad y Salud en el Trabajo (SG-SST), regulated by Decreto 1072 de 2015 Libro 2, Parte 2, Titulo 4, Capitulo 6 and Resolucion 0312 de 2019 issued by MinTrabajo, provides an additional basis for employee warnings in occupational health and safety matters. Employers are required to document instances where employees fail to comply with SG-SST procedures, refuse to use personal protective equipment (elementos de proteccion personal), or violate safety protocols. CST Article 60 numeral 8 prohibits employees from failing to observe safety measures, and CST Article 58 numeral 8 obligates employees to comply with occupational health and safety instructions. Written warnings for SG-SST violations create a record that may support a future CST Article 62 numeral 6 termination for serious violation of obligations.

The Ministerio del Trabajo Inspectores del Trabajo may review employer warning practices during workplace inspections (visitas de inspeccion) under CST Articles 485 through 487 and Ley 1610 de 2013. Inspectors verify that the employer's disciplinary procedures conform to the Reglamento Interno de Trabajo and respect constitutional due process guarantees. Employers who impose disproportionate disciplinary sanctions or fail to follow their own Reglamento may face administrative fines (multas) imposed by the Direccion Territorial of MinTrabajo.

Colombian labour courts — Juzgados Laborales del Circuito — have jurisdiction over disputes arising from disciplinary actions, including challenges to warning letters that the employee considers unfair or procedurally deficient. Appeals proceed to the Sala Laboral of the Tribunal Superior de Distrito Judicial. The Defensoria del Pueblo may also intervene in cases where employees allege that disciplinary actions violate fundamental constitutional rights, particularly the right to work (derecho al trabajo under Article 25 of the Constitution) and the right to dignity (derecho a la dignidad under Article 1).

Employee Warning Letter Colombia is needed whenever a Colombian employer must formally document an employee's misconduct, policy violation, or performance deficiency as part of the progressive disciplinary process established in the Reglamento Interno de Trabajo under CST Articles 104 through 125.

An employer registered with the DIAN — whether a Sociedad por Acciones Simplificada (SAS) under Ley 1258 de 2008, a Sociedad de Responsabilidad Limitada (Ltda.), or a persona natural comerciante — needs this letter when an employee violates the obligations established in CST Article 58, which include performing work diligently and loyally (numeral 1), not communicating confidential information (numeral 2), observing occupational health and safety measures (numeral 8), and obeying orders and instructions from the employer (numeral 5).

The document is needed when an employee violates the prohibitions listed in CST Article 60, which include appearing at work under the influence of alcohol or drugs (numeral 2), carrying weapons in the workplace (numeral 3), and creating disturbances that affect workplace order (numeral 5). Employers in Bogota, Medellin, Cali, Barranquilla, and other Colombian cities rely on warning letters to document these violations before escalating to suspension or termination.

A Carta de Advertencia is required when an employee demonstrates sustained deficiency in work performance under CST Article 62 numeral 9. Before invoking this ground for justa causa termination, the Sala de Casacion Laboral of the Corte Suprema de Justicia requires the employer to demonstrate that the employee received clear notice of the performance standards expected, was given a reasonable correction period (plazo razonable de correccion), and that the deficiency persisted despite the employer's documented efforts to support improvement. Warning letters create the written record of these corrective efforts.

The letter is needed when an employee fails to comply with SG-SST protocols under Decreto 1072 de 2015 and Resolucion 0312 de 2019 — refusing to use personal protective equipment, ignoring safety procedures, or failing to attend mandatory occupational health training. MinTrabajo inspectors specifically verify that employers document SG-SST violations through formal written warnings before taking disciplinary action.

Under CST Article 111 and the Reglamento Interno de Trabajo, employers must follow a progressive disciplinary approach — verbal warning, first written warning, second written warning, suspension, and ultimately termination — before invoking justa causa for conduct that does not constitute an immediately terminable offence. The warning letter documents each step in this progression.

The document is also needed when an employee commits tardiness or minor absences that do not yet meet the threshold of CST Article 62 numeral 10 (two consecutive business days or three in a month) but represent a pattern requiring formal documentation. The accumulation of documented warnings strengthens the employer's position if the conduct escalates to a level justifying termination.

Employers operating in sectors with elevated occupational risk classifications under Ley 1562 de 2012 — construction, mining, oil and gas, transportation — particularly need warning letters when employees disregard safety protocols mandated by the Comite Paritario de Seguridad y Salud en el Trabajo (COPASST) or the Comite de Convivencia Laboral established under Ley 1010 de 2006. The ARL (Administradora de Riesgos Laborales) may require documented evidence of employee safety violations during investigations of workplace accidents (accidentes de trabajo) or occupational diseases (enfermedades laborales) reported through the FURAT (Formato Unico de Reporte de Accidente de Trabajo).

Under Ley 1010 de 2006 (Ley de Acoso Laboral), warning letters may also be needed when an employee's conduct toward co-workers constitutes workplace harassment (acoso laboral) — including verbal abuse, intimidation, discrimination, or persistent interference with another worker's duties. The Comite de Convivencia Laboral investigates harassment complaints and may recommend disciplinary measures including formal written warnings as part of the resolution process.

A valid Employee Warning Letter Colombia under the disciplinary framework of the Codigo Sustantivo del Trabajo and Decreto 1072 de 2015 must contain the following essential elements to comply with due process requirements established by the Corte Constitucional in Sentencia C-593 de 2014.

Employer Identification: Full legal name (razon social) of the employer, NIT (Numero de Identificacion Tributaria) assigned by the DIAN, and identification of the person issuing the warning — typically the direct supervisor (jefe inmediato), the human resources director (Director de Recursos Humanos), or the legal representative (representante legal). The issuing person's name, cedula de ciudadania (CC), and position (cargo) must be stated. The authority to issue disciplinary warnings should be established in the Reglamento Interno de Trabajo approved by MinTrabajo.

Employee Identification: Full name of the employee (trabajador), cedula de ciudadania (CC) or cedula de extranjeria (CE), position (cargo), department (area o dependencia), and contract start date. The employee's work location (lugar de trabajo) and direct supervisor should be identified to establish the chain of authority for the disciplinary action.

Warning Classification: Statement of the warning level within the employer's progressive disciplinary framework — first written warning (primera advertencia escrita), second written warning (segunda advertencia escrita), or final warning (advertencia final). The Reglamento Interno de Trabajo under CST Articles 104 through 125 should define the number and sequence of warnings before escalation to suspension or termination. Reference to the specific Reglamento provision governing the disciplinary procedure strengthens the legal validity of the warning.

Description of the Conduct or Deficiency: Detailed factual description of the specific misconduct, policy violation, or performance deficiency that triggered the warning. The description must include dates, times, locations, witnesses, and any documentary evidence. Under CST Article 58, employee obligations include diligent and loyal work performance, compliance with work schedules, observance of safety measures, and obedience to lawful employer orders. Under CST Article 60, employee prohibitions include workplace intoxication, weapons possession, and unauthorised absences. The specific obligation violated or prohibition breached must be identified by reference to the CST article, Reglamento provision, or company policy.

Legal Basis: Reference to the applicable legal provisions — CST Articles 58 and 60 (obligations and prohibitions), CST Article 111 (disciplinary procedures in the Reglamento), CST Article 62 numeral 6 (serious breach of obligations or prohibitions as grounds for justa causa termination), and Decreto 1072 de 2015 for SG-SST-related violations. Where the employee's conduct relates to occupational health and safety, reference to Resolucion 0312 de 2019 and the employer's SG-SST manual strengthens the warning.

Employee's Response: Documentation of the employee's opportunity to present an explanation (descargos) as required by the due process guarantees established by the Corte Constitucional in Sentencia C-593 de 2014 and Article 29 of the Constitucion Politica de 1991. The letter should state whether the employee provided descargos, summarise the employee's explanation, and state the employer's conclusion after considering the employee's response.

Corrective Action Required: Clear statement of the specific behaviour changes or performance improvements expected from the employee, with measurable objectives and a defined deadline (plazo de correccion). For performance deficiencies under CST Article 62 numeral 9, the employer must grant a reasonable correction period — the Sala de Casacion Laboral of the Corte Suprema de Justicia has not defined a specific duration but requires the period to be proportionate to the nature of the deficiency.

Consequences of Non-Compliance: Statement of the disciplinary consequences that will follow if the employee fails to correct the documented conduct — escalation to the next warning level, disciplinary suspension under CST Article 112 (maximum eight business days), or termination for justa causa under CST Article 62. The consequences must be proportionate to the gravity of the conduct under the principle of proporcionalidad applied by Colombian labour courts.

Date and Signatures: Date of issuance, signature of the employer's authorised representative, and signature of the employee acknowledging receipt. Where the employee refuses to sign, the employer should note the refusal and have two witnesses sign. The employee's signature acknowledges receipt of the warning, not acceptance of the allegations.

Copy Distribution: The warning letter should be prepared in at least three copies — one for the employee, one for the employee's personnel file (hoja de vida laboral), and one for the human resources department's disciplinary records. Under Ley 1581 de 2012, the employee has the right to access their personnel file and request copies of all disciplinary documents. The Superintendencia de Industria y Comercio (SIC) may investigate complaints regarding improper handling of disciplinary records containing personal data.

Reglamento Reference and Proportionality: The warning must cite the specific article of the Reglamento Interno de Trabajo approved by MinTrabajo under CST Article 106 that classifies the infraction and prescribes the warning as the applicable sanction. The Sala de Casacion Laboral of the Corte Suprema de Justicia applies the principle of proporcionalidad — the disciplinary measure must be proportionate to the gravity of the conduct. Warnings imposed for trivial or de minimis infractions may be challenged by the employee as disproportionate before the Juzgado Laboral del Circuito.

Forms-legal.com provides this Employee Warning Letter Colombia template as a practical framework for documenting disciplinary actions under the CST. Employers should consult a licensed abogado laboralista to confirm that their progressive disciplinary procedures comply with the Reglamento Interno de Trabajo, MinTrabajo regulations, and the due process standards established by the Corte Constitucional.