Colombia: The Right to Disconnect Q&A

The “right to disconnect”, or the ability of workers to disconnect from work-related communications and activities outside their normal working hours, has become a pressing issue following the COVID-19 pandemic and the widespread shift to remote and flexible working. While some workers may appreciate the increased autonomy and flexibility that remote working offers, others may face challenges in maintaining a healthy work-life balance, managing expectations and boundaries, and avoiding burnout and stress.

There are various approaches to the right to disconnect across jurisdictions. For example, while some jurisdictions rely on codes of practice, others address the right to disconnect via legislation, or restrict the right to teleworkers/remote workers only.

With different jurisdictions adopting or considering various legal and policy responses to address the right to disconnect, the below provides an overview of the current position in Colombia.

This Q&A is part of a series providing an overview of the current position and developments in 15 countries, highlighting the main challenges, opportunities, and best practices for employers and employees. This series includes contributions from Mayer Brown’s Employment & Benefits team and local counsel.

1. Is there a right to disconnect in your jurisdiction and, if so, when did it come into force?

On January 6, 2022, the Congress of the Republic issued Law 2191, which establishes that employers must respect the work schedule agreed with their employees and cannot require them to be available or connected outside of it, except in the case of an emergency or a situation of force majeure.

The Law of Labor Disconnection in Colombia is considered a human right. Its main objective is to balance the work and personal time of employees, ensuring that they comply with their rest. This means that employers cannot require their employees to answer emails, calls, messages or any other task assigned outside the agreed working hours.

2. Is the right governed by legislation, a code of practice or both?

The right is governed by legislation, through Law 2191 of 2022.

3. Do all employees have a right to disconnect?

The Constitutional Court says that there are exceptions to the law. Although the law establishes that directors and management employees are excluded from the labor disconnection, the High Court clarified that they have the right to rest, but in extreme situations they can be called and interrupt this rest.

4. Are all employers obliged to provide the right to disconnect?

According to Law 2191 of 2022, all employers must ensure compliance with the right to disconnect.

5. What are the obligations on the employer?

All employers are obliged to adopt and develop an internal policy on work-related disconnection, which must define at least the following aspects:

• The way in which this right will be guaranteed and exercised, including guidelines on the use of ICT (information and communication technology).
• A procedure that determines the mechanisms and means for employees to file complaints regarding the violation of the right, in their own name or anonymously.
• An internal procedure for handling complaints that guarantees due process and includes mechanisms for conflict resolution and verification of compliance with agreements reached and cessation of conduct.

The employer shall refrain from issuing orders or other requirements to the employee outside working hours. The employer shall also ensure that the employee can effectively and fully enjoy the time of rest, leave, vacation, personal and family life.

6. What happens if an employer fails to comply with its obligations?

If an employer does not comply with its obligations regarding labor disconnection, it may be interpreted as labor harassment towards employees, so employees may go to the Labor Inspector to file a complaint for labor harassment. Also, it can lead to fines by the Ministry of Labor, which can reach up to 5,000 times the legal monthly minimum wages in force.

7. Have there been any reported cases on the right to disconnect?

In August 2023, the Constitutional Court issued ruling C-331, declaring the right to disconnect as a fundamental human right applicable to all employees, including those in managerial positions and positions of trust. This decision addressed a challenge to article 6a of Law 2191 of 2022, which had previously excluded such employees from this right. The Court emphasized that the right to rest is integral to human dignity and health, and must be guaranteed across all employment types.

8. What are the benefits and challenges of the right to disconnect in practice?

Benefits:

• Improves mental health and reduces stress.
• Increases productivity and promotes work-life balance.
• Reduces employee turnover and ensures legal compliance.

Challenges:

• Difficulty in implementation in some companies.
• Exceptions in the Law.
• Challenges in remote work.
• Lack of effective reporting mechanisms.

9. Has the right to disconnect had a significant impact on the workplace since it came into force?

The right to disconnect established by Law 2191 of 2022 in Colombia, has had a significant impact in the workplace. It has improved employees’ well-being by reducing stress and promoting work-life balance. Additionally, it has enhanced productivity, as employees are more focused during their official hours.

However, its implementation has faced challenges. Some companies, especially in high-demand sectors, struggle to fully comply. Although ruling C-331 declared that the right to disconnect is a human right applicable to all employees, including those in managerial positions and positions of trust, Law 2191 of 2022 remains the same and includes exceptions, such as employees in positions of trust and force majeure situations, which sometimes lead to misinterpretations as the Constitutional Court ruled it as a violation of a fundamental human right. Remote work has also made it difficult to establish clear boundaries.

10. Are there any changes on the horizon relating to the right to disconnect in your jurisdiction?

In August 2023, the Constitutional Court recognized this right as fundamental for all employees, including those in management, trust and supervisory positions, who were previously excluded under Law 2191. This ruling strengthens legal protections and ensures that employees in leadership roles also benefit from disconnection rights.

Additionally, in September 2024, the House of Representatives approved a favourable report on the labor reform proposed by President Gustavo Petro. This reform seeks to improve working conditions. Key provisions include adjustments to night work schedules and increased compensation for work on holidays.

These legislative and judicial advancements reflect Colombia’s growing commitment to strengthening labor rights and ensuring healthy work-life balance.

AUTHORS FROM BRIGARD URRUTIA
Catalina Santos Angarita, Partner
Juan Forero, Associate