Last date for paying the June bonus: What should you do if you miss the legal deadline?
Workers in Colombia who have a valid employment contract wait until the mid-year season to receive the additional bonus stipulated in Article 306 of the Substantive Labor Code (CST).
According to Article 193 of the CST (Spanish Social Security Code), all employers are required to pay this mandatory social security benefit, except for those exceptions expressly stipulated by law. Companies will be required to pay the mid-year bonus no later than June 30th.
The bonus is a mandatory social benefit. Photo: iStock.
The Ministry of Labor 's official website states that workers should be paid in proportion to their time worked.
This benefit corresponds to 30 days of salary per year or proportional to the time worked , to be paid in two installments in June and December. The entity establishes that the law must be complied with to avoid sanctions from labor authorities.
The law requires the employer to pay the premium. Photo: iStock
Citizens wishing to access this right must have a fixed-term or indefinite contract or be covered by protective measures granted by the Colombian National Government.
According to Decree Law 2663 of August 5, 1950, of the Substantive Labor Code, in article 22 , the employment contract is defined as a document in which one person agrees to provide a service to another, in exchange for remuneration.
What should you do if you don't receive your mid-year bonus? According to the official website of the Ministry of Justice and Law, workers can claim back wages and benefits, as well as the corresponding compensation if their employer fails to fulfill its obligations. The following is a step-by-step guide to claiming the bonus.
Colombia stipulates the second payment of the bonus in December. Photo: Devasahayam Chandra Dhas
- Request to the employer, in writing or verbally, for payment of wages or social benefits owed.
- If the employer ignores the employee's request , the employee may go to the labor inspector and, if applicable, file a complaint for non-compliance with obligations or, in certain cases, attempt a conciliation regarding the employee's rights and the respective compensation.
- The procedure is not moving forward, the worker will have to file a lawsuit before a judge.
If there is no labor judge in your municipality, the claim must be filed with the civil court of the circuit.
Workers can request guidance through official channels, by calling the Ministry of Labor's toll-free number at 01 8000 513 100, or by calling 120 on their cell phone.
How much is the employer's penalty for not paying the premium? According to the Ministry of Labor , failure to pay the premium may result in financial penalties imposed by the state for employers due to the failure to comply with workers' rights, such as:
- Fines of up to 5,000 minimum wages (smmlv) for employers who do not pay the premium.
- The provisions of Article 65 of the CST : the corresponding sum equal to the last daily salary paid, for each day of delay, for up to a period of twenty-four months.
- The employee may request resignation from his or her duties and seek compensation for damages from a labor judge, as established in Article 64 of the CST.
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