Colombia’s labor reform changed how employers must conduct workplace disciplinary proceedings. Its purpose is to ensure that any sanction results from a clear, evidence-based process that respects the employee’s right to a defense.
Article 7 of Law 2466 of 2025 amended Article 115 of the Colombian Substantive Labor Code and set minimum guarantees that must be observed before an employee is sanctioned. It also required Internal Work Regulations to be updated within twelve months after the law took effect.
Law 2466 was enacted on June 25, 2025, so the twelve-month deadline expired on June 25, 2026. Companies that have not updated their rules should make this review a priority.
What changed in disciplinary proceedings?
The law requires disciplinary action to respect dignity, the presumption of innocence, the right to a defense, the right to know and challenge evidence, impartiality, proportionality, good faith and the prohibition against being sanctioned twice for the same facts.
An employer therefore cannot begin by assuming the employee is responsible. It must first communicate the allegations, allow a defense, assess the evidence and only then reach a decision.
The requirement can be reviewed in the official text of Law 2466 of 2025 (Spanish).
What must the disciplinary procedure include?
As a general rule, the Internal Work Regulations must incorporate the following minimum stages:
Notice that proceedings have begun
The employee must be formally informed that disciplinary proceedings have been opened.
Clear statement of the facts
The company must identify the acts, conduct or omissions under investigation. General or ambiguous allegations are insufficient.
Access to the evidence
The employee must receive or be allowed to review the evidence supporting the proceedings so it can be challenged.
Time to prepare a defense
At least five days must be allowed for the employee to respond, submit evidence and exercise the right to a defense.
Reasoned decision
The company must communicate a clear, consistent decision supported by the facts and evidence considered.
Proportionate sanction
If misconduct is established, the measure must reflect the seriousness of the conduct and the circumstances of the case.
Right to challenge
The procedure must allow the employee to seek review of the decision.
The procedure is not a formality
Holding an employee hearing does not by itself prove that due process was respected. The company must be able to show that it described the facts, disclosed the evidence, allowed adequate time to prepare a defense and reached an objective decision.
A sanction imposed without these safeguards may be challenged and can increase exposure to employment claims, administrative investigations or litigation. For employees, the procedure creates an opportunity to understand the allegation, explain what happened and submit evidence before a decision is made.
Does the requirement apply to every company?
Any action intended to impose a disciplinary sanction must respect due process. Employers that have or are required to have Internal Work Regulations must also bring them into line with the new rules.
Law 2466 establishes a simplified approach for domestic workers and for micro and small enterprises. Even then, the employee must be heard beforehand and safeguards such as the presumption of innocence, the right to a defense, the ability to submit and challenge evidence, and protection against double sanctions must be respected.
The applicable procedure depends on the organization’s size, activity, workforce and the rules contained in contracts, workplace regulations, collective agreements or bargaining agreements.
Day and night work also changed
The reform changed the definition of day and night work. Day work now runs from 6:00 a.m. to 7:00 p.m.; night work runs from 7:00 p.m. to 6:00 a.m.
Article 10 of Law 2466 of 2025 affects shift planning, payroll and the night-work surcharge. Our practical guide to employment surcharges explains these effects in detail.
What should your company do?
- Confirm that the disciplinary procedure complies with Law 2466 of 2025.
- Update its stages, deadlines, decision-makers and review mechanisms.
- Revise notices, evidence-disclosure forms, hearing records and decisions.
- Train managers, supervisors and human resources teams.
- Apply the procedure consistently and retain supporting records.
- Review work schedules and night-work payroll calculations.
This is not merely a document update. The written procedure must match what the company actually does.
Prevent employment disputes
Honor Legal helps companies update their Internal Work Regulations, design compliant disciplinary procedures and prevent employment contingencies.
Request a legal assessmentThis article is for general information only and does not replace legal advice tailored to a particular company or situation.