On August 3, 2021, Law 2121 was approved, creating the remote work regime in Colombia.

The main characteristics and requirements of this working modality are described below:

1. What is remote work? It is a working modality by which the execution of the employment contract, from its beginning to its termination, is performed remotely by using Information and Communication Technologies (ICT's) or any other means that allow the provision of services remotely.

2. Characteristics

• It is a working modality that must be agreed upon voluntarily.
• It must be performed entirely remotely (hybrid work models are not allowed).
• The employer and the employee do not physically interact throughout the contractual relationship.
• The contract must be executed remotely, for which an electronic or digital signature can be used.
• It requires that the provision of services be carried out through existing or new technologies, as well as through other means and mechanisms that allow the remote provision of services.
• It is different from teleworking and work from home.
• The employees rendering their services under this modality keep the same employment rights and guarantees enjoyed by any other employee in Colombia.
• The maximum work schedule must be respected, except in the case of trust and management employees. Said work schedule shall be distributed throughout the week and shall not imply strict compliance with a daily timetable.
• Remote employees shall at all times have internet connection and network coverage.
• This modality is characterized by flexibility in all stages of the employment relationship (contractual and pre-contractual).
• The remote work will be executed and may be terminated remotely.
• Current employment contracts may be migrated to this new working modality.

3. To whom does it apply?

• Individuals domiciled in the national territory.
•  National public entities.
• National and foreign private companies that hire employees who are located in Colombia.

4. Place where services shall be rendered.

• No specific physical location is required for the provision of services.
• Employees may render their services from the place they deem appropriate, by mutual agreement with the employer and prior authorization of the Labor Risks Administrator to do so.
• The employee must inform the employer about the place from which he/she will perform his/her job and the employer must approve the place chosen to guarantee compliance with the minimum occupational health and safety requirements considering the recommendations issued by the ARL for such purpose.

5. Electronic signature

• Under this working modality, the parties express their consent using digital electronic signature and/or through data messages.
• The costs of the implementation of these technologies must be assumed by the employer and in no case by remote employees.

6. Work exclusivity

• As a general rule, there is no work exclusivity in the remote working modality.
• This may only be agreed upon exceptionally and with the employee's prior acceptance when the employer's confidential matters are at risk.

7. Confidentiality

• Remotely executed employment contracts may include confidentiality agreements.

8. Medical Examinations

• The employer must perform entry, periodic and/or exit medical examinations of its remote employees through authorized providers.

9. Expenses compensation

• The employer shall assume the cost of the employee's energy, internet, and/or voice telephony, as well as cover travel costs arising from work-related travel.

10. Working tools

• The employer shall make available to the remote employee the technological tools, instruments, equipment, connections and programs necessary for the provision of his/her services.
• The employer shall assume the maintenance of equipment, tools, programs and other elements necessary for the provision and development of the remote employee's duties.

11. Supplementary work

• Ordinary employees who perform their contract remotely shall be entitled to the recognition and payment of overtime, as well as to the payment of surcharges for working on Sundays and holidays.

12. Calling the employee to the employer's facilities. The employer may exceptionally require the remote employee to come to the employer's facilities only in the following cases:

• Verification of standards and requirements that tools and work equipment must meet.
• When work equipment must be manually installed or updated.
• When the employee repeatedly fails to comply with his/her work obligations and is eventually called for a disciplinary process.

13. Transportation assistance

• Generally, remote employees shall not be beneficiaries of the transportation allowance determined by law.
• If the employer requires the remote employee to go to its facilities, it shall recognize in the cases in which it is applicable and in a proportional way, the legal transportation allowance provided for in the labor legislation.

14. Control of schedules and verification of compliance with obligations

• The employer is authorized and entitled to control the fulfillment of the obligations, functions, and duties of the remote employee, through the use of technological tools or other means or mechanisms determined for such purpose.
• In any case, the employer shall respect the privacy and intimacy of the remote employee, and the right to work disconnection.

15. Occupational Risks

• Labor Risk Administrators shall prepare a program for the prevention and control of occupational risks and comprehensive rehabilitation for remote employees. This shall be provided to both the employee and the employer.
• The employer shall be obliged to affiliate the remote employee to the General System of Labor Risks, for which purpose it must be sent to the ARL a copy of the remote employee's contract and filled out a form provided by the ARL for such purpose.

16. Change of working modality

• Any employee may change to the remote work modality as long as there is an agreement between the employer and the employee.