Compensable and Non-Compensable Holidays in Colombia: What\'s the Difference?

What are compensable holidays?

Compensable holidays are those holidays on which, if a worker is required to work, they are entitled to compensatory rest or additional pay, as established in the Substantive Labor Code. These days may be transferred to another working day to ensure the worker's rest.

Characteristics of compensable holidays

• Flexibility in compensation: The worker can agree with the employer on how to compensate for the day worked, either with a day off on another date or with additional pay.
• Application in specific sectors: In some sectors, such as commerce or healthcare, it is common for employees to work on compensable holidays, so mechanisms are established to guarantee their rest or financial compensation.
• Legal Regulation: Colombian labor legislation clearly establishes the conditions under which these holidays must be compensated.

What are non-compensable holidays?

Non-compensable holidays are those holidays on which, if an employee is required to work, no additional day of rest is granted, but additional remuneration is granted for work performed on a holiday. These days are considered mandatory rest days and cannot be transferred to another date.

Characteristics of non-compensable holidays

• Additional compensation: Workers who work on a non-compensable holiday are entitled to a 75% surcharge on their regular salary for the hours worked on that day.
• Non-transferable: These holidays cannot be moved to another date and must be observed on the date established by law.
• General Application: Most holidays in Colombia are non-compensable, meaning that if a worker must work on these days, they must be paid the corresponding surcharge without being granted an additional day of rest.

Key differences between compensable and non-compensable holidays

Impact on labor rights

Understanding the difference between compensable and non-compensable holidays is essential to ensuring respect for labor rights. Employers must ensure they comply with the corresponding legal provisions, whether by providing compensatory rest days or paying the legally mandated surcharges. For their part, workers must be informed of their rights to demand compliance with labor standards and prevent abuses.

Recommendations for employers and workers

For employers

• Advance planning: Organize work shifts taking into account holidays and the company's operational needs.
• Legal Compliance: Ensure compliance with legal provisions regarding compensation or surcharges for work on holidays.
• Clear communication: Inform employees about company policies regarding holiday work and corresponding compensation.

For workers

• Knowledge of rights: Learn about labor rights related to holidays and the corresponding compensation.
• Dialogue with the employer: Establish open communication with the employer to agree on compensation for working on holidays.
• Record of hours worked: Keep a record of hours worked on holidays to ensure compliance with agreed compensation.

Frequently Asked Questions (FAQ)

What happens if I work on a compensable holiday?

You are entitled to an additional day of rest or additional pay, as agreed with your employer and as established by labor legislation.

What happens if I work on a non-compensable holiday?

You are entitled to an additional 75% of your regular salary for the hours worked on that day, without the granting of an additional day of rest.

Can non-compensable holidays be moved to another date?

No, non-compensable holidays are unchangeable and must be recognized on the date established by law.

What should I do if my employer doesn't provide holiday compensation?

You can file a complaint with the Ministry of Labor or seek legal advice to enforce your labor rights.