On October 9, 2018, the Ministry of Labor issued Resolution 4386 of 2018, pursuant to which the Unique Registry of Foreign Workers in Colombia, RUTEC, was created and implemented.
The creation of RUTEC obeys to international and national commitments to generate a labor migration policy. This is how the need arose to create a registry of foreign workers in the country to identify, quantify, diagnose and monitor labor immigration in Colombia, which according to information from the national migration authority has registered an increase in recent years. All this in order to generate a labor migration policy.
Under Resolution 4386 of 2018, the registration of foreigners in the RUTEC is mandatory for all entities of the public sector and private sector companies that link or hire foreign personnel within Colombian territory.
The enrollment in the RUTEC must be made within a period not exceeding one hundred twenty (120) calendar days following the conclusion of the contract or from the link of the foreign worker.
For migrants currently in the country linked or hired by public sector entities or private sector companies, registration in the RUTEC must be made within a period not exceeding one hundred twenty (120) calendar days of the issuance of Resolution 4386 of 2018.
The RUTEC must be updated when the link or hiring with the foreigner is finalized, or any event that modifies the economic activity of the company, or when the employee, public servant or foreign contractor permanently changes his/her residence. The update must be made within thirty (30) calendar days following the event that generated the novelty.
The validity of the registration will be the same as the validity of the contract or relationship. Thus, in re-engagement events or extension of the contract, a new registration must be made.
The Ministry of Labor will be in charge of carrying out the inspection, monitoring and control provided in article 486 of the Labor Code, subrogated by article 41 of Decree 2351 of 1965 and modified by article 7 of Law 1610 of 2013, for the compliance with the registration obligations in the RUTEC. This means that fines for breach of this obligation can range from 1 - 5000 minimum wages.