What to Do After Wrongful Termination in Colombia
Being fired from your job is a difficult situation that creates uncertainty. However, Colombian law protects your labor rights. Here is a step-by-step guide.
What is wrongful termination?
It occurs when the employer ends the employment contract without a valid legal reason as established in Article 62 of the Substantive Labor Code.
Your Rights
When wrongfully terminated, you are entitled to:
- Compensation: Between 15 and 180 days of salary depending on seniority and contract type
- Settlement: Full social benefits
- Service bonus
- Severance funds and interest
- Unused vacation days
Steps to Take
1. Do not sign anything immediately
Before signing any document, consult with an attorney. Many people sign resignations or agreements that limit their rights without knowing it.
2. Gather evidence
- Termination letter (if any)
- Employment contract
- Recent pay stubs
- Emails or communications
3. Calculate your compensation
The law establishes a progressive table:
- Less than 1 year: 15 days of salary
- Between 1 and 5 years: 20 days + 15 days per additional year
- More than 5 years: 40 days + 20 days per additional year
4. File a lawsuit
You have 3 years to claim your labor rights before the ordinary courts.
Need advice?
At AJIN we help you evaluate your case and initiate the corresponding legal process. Contact us for a personalized consultation.