Labor reform: The Sunday surcharge increases starting this weekend; what to do if your employer doesn't pay you a raise.

Following the approval of the labor reform, companies active in the Colombian market will have to accept several of the changes it brings.
One of the main points will be the increase in the Sunday and holiday surcharge, which will begin this month. Employers must implement this change starting July 1.
How much will that surcharge be? According to Javier Almanza Junco, director of the Labor Department of the Legal Clinic at the Universidad del Rosario, this surcharge will reach 80% in 2025, but will gradually increase to 100% in 2027.

This will be the surcharge. Photo: iStock.
He also clarified that the nighttime surcharge will begin at 7 p.m., which will take effect in six months. "It will be a significant change for workers," he stated.
What to do if you are not paid the Sunday surcharge? If your company doesn't pay the Sunday and holiday surcharge, you can use three options:
- Internal complaint with the company.
- Complaint before the Ministry of Labor.
• Administrative complaint to the Labor Inspectorate.
What will day and night work look like? Article 10 of the Reform modifies Article 160 of the Substantive Labor Code, also indicating a change in the schedules of each workday, which requires employers to take this into account.
With the modification of this article, it is indicated that the daytime workday will begin at 6:00 a.m. and will extend until 7:00 p.m. While the night surcharge will begin at 7:00 p.m. and will maintain its rate of 35%.
The schedule changes will take effect six months after the law is passed. The exact date, according to Junco, will be December 25, 2025. From this date, employers will have to adjust their pay rates.

Payment of surcharges. Photo: Leonardo Muñoz. EFE
According to tax expert Pedro Sarmiento, the effect could be drastic, as it will create a new administrative burden requiring detailed records of overtime, new licenses, and mandatory reconciliations.
Sarmiento also asserts that this reform increases the risk of labor disputes between employees and employers, as employers could sue if their surcharges are omitted. This would increase the risk of informalization, tax assessment, or irregular outsourcing.
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