Remote IT Work & Contractors in Colombia

Netmidas Legal Snapshot (Last 120 Days, as of December 1, 2025)

Executive Summary

Colombia’s Labor Reform 2025 (Ley 2466 de 2025) - enacted June 25, 2025 - significantly modernized the country’s labor framework. Although the reform primarily targets employees, it indirectly affects independent contractors/freelancers, especially those working remotely for foreign companies.

Key high-level updates:

• The reform formally recognizes six telework modalities, including autonomous, mobile, hybrid, and transnational telework.
• Employer obligations for employees have expanded, especially regarding remote work, connectivity allowances, international health insurance, and social security.
• Classification risk has increased due to stronger oversight and modernized telework definitions.
• There are no new laws in the last 120 days directly regulating freelancers/contractors.
• Enforcement and formalization efforts continue to rise, indicating future regulatory momentum.
  
  

Nearshore staffing remains viable, but foreign companies must strengthen compliance frameworks, contract clarity, and worker-classification controls.

What Changed in the Last 120 Days

Labor Reform 2025 - Ley 2466 de 2025

Law - June 25, 2025 | Status: In force

Key updates (merged from both documents):

• Modernizes labor law structure.
• Introduces new definitions for working hours, including night work beginning at 7 p.m.
• Adjusts Sunday/holiday surcharges.
• Establishes new connectivity allowance for remote employees earning up to 2× minimum wage.
• Expands overtime and holiday compensation parameters.
• Strengthens enforcement around labor protections and working-time rules.

New Telework Modalities Recognized

Status: In force

Law now recognizes six modalities of remote work:

1. Autonomous telework
2. Hybrid telework
3. Mobile telework
4. Transnational telework (Colombians working abroad)
5. Temporary/emergency telework
6. Employer-directed telework

Although created for employees, these modalities shape the framework under which contractor relationships may be evaluated.

Obligations for Employers with Employees Working Abroad

Status: In force for employees

Employers must:

• Maintain Colombian social security contributions even when employees work from another country.
• Provide international health insurance.
• Maintain work-safety, digital-safety, and training obligations.

This does not apply to contractors but influences compliance expectations.

Remote-Work Policy, Digital Safety & Well-Being

Status: Ongoing regulatory guidance

Companies are encouraged to update:

• Cybersecurity and data-protection procedures
• Remote-work equipment/expense policies
• Guidelines for digital well-being and training
• Remote-work monitoring limitations
• Occupational-risk documentation for remote employees

Although focused on employees, these trends indirectly pressure contractors’ working conditions.

No Contractor-Specific Regulation in Last 120 Days

Across all consulted sources:

• No new rules specifically regulating freelancers
• No new obligations for foreign companies contracting Colombian independent workers
• No changes to contractor social-security frameworks
• No classification rule changes directly aimed at contractors

Impact on Foreign IT Companies & Nearshore Staffing

Contractor Engagement Still Viable - But Requires Tighter Compliance

Foreign companies can still hire Colombian freelancers, but the labor reform increases scrutiny on:

• Autonomy
• Methods of work
• Working schedule
• Level of supervision
• Tool provision
• Exclusivity agreements

A contractor treated “like an employee” now carries a higher misclassification risk under the remote-work modernization.

Telework Modalities Raise Reclassification Risk

Although telework rules apply to employees:

• The existence of structured modalities (autonomous, hybrid, transnational) gives authorities a clearer framework to analyze remote relationships.
• If a “contractor” works exactly like an employee under one of these modalities, classification challenges become more likely.

Nearshore Staffing Impact

Positive:

• Legal recognition of remote/hybrid/transnational work supports distributed teams and cross-border models.
• Colombia remains talent-rich, aligned with U.S. time zones.

Challenges:

• Labor costs for employees increase (night-work, holidays, allowances).
• Contractors who appear to operate under employee-like telework regimes risk reclassification.
• Compliance expectations are becoming stricter.

Enforcement Trend

• Growing focus on formalization, especially platform/gig workers.
• Increased audits expected in 2026 regarding employer obligations and misclassification.

Key Risks & Compliance Checkpoints

Worker Classification Risk

Authorities evaluate:

• Subordination
• Fixed schedule
• Use of employer equipment/tools
• Integration into company workflows
• Ongoing supervision
• Exclusivity
• Long-term engagement

Contract label does not determine legal nature.

Contractor Contract Structure

Contracts should:

• Use civil/commercial “prestación de servicios” structure
• Define deliverables, timelines, and autonomy
• Avoid labor-type clauses (working hours, supervision)
• Explicitly state contractor manages social security and tax liabilities

Social Security & Tax

• Contractors pay their own contributions (EPS, pension, ARL exception).
• Misclassification can trigger retroactive employer obligations.

Remote-Work Policy Spillover

Even though telework rules target employees:

• Authorities might analogize requirements if contractor conditions reflect employee realities.
• Very structured remote-work arrangements increase risk.

Cross-Border / Transnational Work

Uncertainty remains around:

• Foreign employers contracting Colombian freelancers working abroad
• Possible future regulation aligning contractor transnational work with employee transnational rules

Practical Recommendations for Clients

1. Review all current independent-contractor agreements with Colombian talent: check for features that resemble employment (fixed schedule, subordination, employer-provided equipment or software, exclusivity) - if you find them, consider switching to a proper employment contract or restructure the engagement to preserve genuine autonomy.
2. Use “contract for services” templates for freelancers, clearly specifying autonomy, deliverables-based remuneration, flexible schedule, no fixed subordination, emphasizing deliverables and autonomy.
3. Avoid employer-like control or oversight over contractors - especially avoid fixed daily working hours, monitoring software, or mandatory “office hours.” Focus on output deliverables. Also, avoid employer-like instructions, schedules, monitoring tools, exclusivity.
4. Document contractor independence (multiple clients, autonomy, no supervision).
5. Monitor developments around social security obligations for contractors - given some references to changing contractor contribution rules. If the law evolves, you may need to adjust your model or engage a local compliance partner. Monitor regulatory updates on telework and platform-worker reforms.
6. Stay alert to future regulatory clarifications - especially around remote-work modalities and cross-border work that might blur the line between remote employment and independent contracting.
7. Engage local counsel for long-term or high-control engagements.
8. Contractor models are still viable but require compliance discipline.

Disclaimer

This briefing is a high-level informational summary based on publicly available sources. It is not legal advice. NetMidas and its clients should consult qualified local counsel in Colombia before making legal, tax, or employment decisions.