Reduction Of Working Time Started By Law On 15 July 2023

• Law Firm: L&E Global
• Subject Matter: Employment and HR, Contract of Employment, Employee Benefits & Compensation
• Author: Angélica María Carrión Barrero (López & Asociados)
• Published date: 01 August 2023

By virtue of the regulation, Article 161 of the Substantive Labour Code was modified to establish that the maximum duration of the workday would be forty-two (42) hours per week, which may be distributed among five (05) or six (06) days per week by mutual agreement, except in the case of particularly unhealthy or dangerous work.

Implementation of the reduction of working hours

Law 2101 of 2021 established the following alternatives for Employers to implement the reduction of working hours:

• Immediate implementation as of the effective date of the law (July 15, 2023):?The Institute had the possibility of immediately reducing the working hours to forty-two (42) hours per week. This would entail the need to adjust the current work schedules and determine whether the tasks performed by the workers can be fulfilled within the weekly distribution made based on this new workday.
• Gradual implementation: On the other hand, Article 3 of Law 2101 establishes that the reduction of the maximum working day may also be implemented gradually, to that extent, the Institute must consider the following:
• After two (2) years from the effective date of the Law, i.e 15 July 2023, it shall be reduced by one (1) hour, leaving a working week of forty-seven (47) hours.
• After three (3) years from the effective date of the Law, i.e 15 July 2024, it shall be reduced by another hour, leaving a working week of forty-six (46) hours.
• After four (4) years from the effective date of the Law, i.e 15 July 2025, it shall be reduced by two (2) hours each year, until reaching forty-four (44) hours per week.
• After four (5) years from the effective date of the Law, i.e 15 July 2026, it shall be reduced by two (2) hours each year, until reaching the forty-two (42) hours per week.

Effects of the reduction of the working day.

1. In accordance with the above, if in the employment contracts it is expressly established that the workday shall be the "legal maximum", without providing that it shall be understood as forty-eight (48) hours per week, as of the entry into force of Law 2101 of 2021, the legal maximum workday shall be understood in terms of the gradual and progressive reduction thereof, until reaching a weekly workday of...