COLOMBIA – New Labour Ministry Registration Required for all Foreign Workers [UPDATED]
On 9 October 2018, the Ministry of Labour issued Resolution 4388, creating and implementing the Single Registry of Foreign Workers in Colombia (“RUTEC”).
The Ministry aims to use the registry to collect and control information about foreign workers, allowing it to monitor their current status and avoid abusive and illegal contracting practices.
Who is affected?
All foreign nationals working in Colombia in the public or private sector must be registered by their Colombian employer. Self-employed foreign workers must also register themselves.
Foreign national workers must be registered within 120 days of the conclusion of the employment contract. Companies have 120 days from the issuance of Resolution 4388 to register their existing foreign workers.
[UPDATE] The Ministry has confirmed that the 120 days, within which companies must register their foreign national employees hired by 9 October 2018, should be counted from the date Resolution 4388 was published in the official journal (8 November 2018).
Validity and change reporting
Registration is valid for the length of the respective employment contract, and any changes must be reported within 30 calendar days.
Penalties for non-compliance are between one and five thousand minimum legal monthly salaries.
SIRE vs RUTEC
Migración Colombia already manages the Information System for the Report of Foreigners (“SIRE”), which also seeks to monitor the foreign national population. Companies and foreign nationals in Colombia must now comply with both registration systems, or risk incurring penalties.
Companies and foreign nationals in Colombia who may be affected by the implementation of this new registration system are encouraged to contact their immigration specialist for help ensuring they are compliant.