Disciplinary Process under the 2026 Labor Reform in Colombia
- Juan José Galindo
- 2 days ago
- 5 min read
While disciplinary procedures have long existed in Colombia, largely shaped by case law and legal doctrine, the recent labor reform introduces a mandatory baseline procedure that employers must now follow.
This marks a meaningful shift in how companies manage internal discipline, as it formalizes steps and safeguards that were previously applied in a less structured way. This article outlines how the disciplinary process operates under the new framework.
What is a disciplinary process?
A disciplinary process is the procedure an employer follows to investigate and, where appropriate, sanction employee conduct that may breach labor obligations, contractual duties or internal company policies.
In practice, it is the mechanism through which a company reviews alleged misconduct and determines whether disciplinary action is justified.
These processes typically arise from situations such as repeated tardiness, failure to comply with assigned duties, misuse of company resources, breaches of internal policies or more serious conduct that may lead to termination of employment.
Key principles governing the disciplinary process
Any disciplinary process must comply with a set of principles designed to ensure fairness and procedural validity. These include:
Dignity: Employees must be treated respectfully at all stages, without humiliation, discrimination or disproportionate measures.
Presumption of innocence: Responsibility must be established through the process; it cannot be presumed in advance.
In dubio pro disciplinado: Where there is uncertainty regarding the facts or the employee’s responsibility, the outcome should favor the employee.
Proportionality: Any sanction must be aligned with the seriousness of the conduct, avoiding excessive responses to minor issues.
Right of defense and to challenge evidence: The employee must be informed of the allegations and supporting evidence, and must have a real opportunity to respond and present their case.
Privacy: The process should remain limited to those directly involved and focus strictly on the conduct under review.
Good faith: Both parties are expected to act honestly and transparently throughout the process.
Impartiality: The process must be handled objectively, without bias or manipulation of facts.
Protection of reputation: The employee’s good name must be safeguarded, with careful and confidential handling of information.
Non bis in idem: An employee cannot be investigated or sanctioned twice for the same conduct.
Minimum stages of the disciplinary process
Once an employer decides to initiate a disciplinary process, it must follow a defined procedure that ensures due process and compliance with internal policies.
Formal notice of initiation
The process must begin with a formal written notice informing the employee that disciplinary proceedings have been initiated. This communication should ensure the employee is fully aware of the action and its potential implications under the Internal Work Regulations (RIT).
It must also make clear that the conduct under review corresponds to offenses previously defined in the RIT, leaving no ambiguity about its disciplinary nature.
Statement of facts
The facts, actions or omissions that gave rise to the process must be set out clearly, precisely and in writing. The employee must be able to understand exactly what is being alleged and the scope of the review.
Disclosure of evidence
The employer must disclose the evidence supporting the allegations, ensuring transparency and allowing the employee to exercise their right of defense effectively.
There must be adequate evidentiary support for the alleged conduct, and the employee must have access to this information before responding, so the process remains valid and fair.
Time to respond
The employee must be given a reasonable period to respond, challenge the evidence and submit any supporting information. This period cannot be less than five days.
If the response is provided verbally, it must be formally documented and signed.
Final decision
The process must conclude with a reasoned decision that clearly sets out the factual and legal grounds supporting the employer’s determination. This decision should take into account both the evidence collected and the employee’s response.
Imposition of sanctions
If a disciplinary breach is established, any sanction must be proportionate to the conduct involved. Both the sanction and the underlying offense must be previously defined in the Internal Work Regulations.
Employers cannot impose sanctions for conduct that has not been previously regulated, nor apply measures that are not in the RIT.
Right to challenge
Finally, the employee must be given the opportunity to challenge the decision as part of due process.
Such challenges may be submitted in accordance with the company’s internal procedures. Although the law does not require a specific review body, it is advisable that the appeal be reviewed by a higher-level authority within the organization.
How and when should the disciplinary process be conducted?
Disciplinary proceedings must follow the principle of timeliness, meaning the employer should act within a reasonable period after becoming aware of the relevant facts. Unjustified delays can undermine the validity of the process, as they weaken the connection between the conduct under review and any resulting sanction.
The regulations also allow the use of digital tools to carry out the process, provided the employee’s right of defense is fully respected. This includes electronic notifications, virtual hearings and the use of digital platforms to share evidence and submit responses.
Additional obligations for companies
Companies are required to update their Internal Work Regulations to incorporate the disciplinary procedure in line with the new legal framework. They have up to twelve (12) months from the entry into force of the labor reform to do so.
This is not optional. Failure to update these regulations may create legal risks, particularly when imposing sanctions or terminating employment for cause without following the required procedure.
Exceptions
The mandatory disciplinary procedure does not apply to domestic workers or to micro and small enterprises with fewer than ten (10) employees, as defined by Decree 957 of 2019.
However, this does not exempt employers from basic guarantees. In all cases, the employee must be given the opportunity to respond to the allegations before any decision is made, ensuring respect for due process.
Importance of due process compliance
Compliance with due process in disciplinary matters is not merely a formality; it is essential to ensure the validity of any sanction or employment decision. A flawed or incomplete procedure can invalidate the measure taken and may even convert a termination for cause into a dismissal without cause, with the corresponding financial consequences.
Beyond that, respecting procedural safeguards strengthens the company’s position in potential disputes, demonstrating that decisions were made objectively, proportionately and in accordance with the employee’s rights. In this context, the disciplinary process becomes not just an internal procedure, but a key legal risk management tool.
Conclusion
The labor reform does not introduce disciplinary proceedings as a new concept, but it does formalize them and establish a mandatory framework that requires greater rigor from employers. This means reviewing internal practices, updating the Internal Work Regulations and implementing clear procedures that provide legal certainty.
Failure to comply with these requirements not only exposes the company to potential claims or sanctions, but also limits its ability to effectively manage disciplinary matters. Proper implementation, on the other hand, helps prevent disputes, supports informed decision-making and protects business operations.
At JG Lawyers, we advise companies on the implementation and updating of disciplinary procedures in line with the new labor reform, including the review and adjustment of Internal Work Regulations and the design of processes aimed at reducing legal risk. Through our Comprehensive Business Accompaniment (AIE) service, we provide ongoing legal support for day-to-day labor management, with a preventive and strategic approach.
Frequently Asked Questions
What happens if a company does not follow the required disciplinary process?
Failure to follow the procedure may invalidate the sanction imposed and can affect the legality of a termination for cause, increasing the risk of employment claims.
Is it mandatory to update the Internal Work Regulations?
Yes. Companies must update their Internal Work Regulations within the established timeframe to incorporate the disciplinary procedure in accordance with the new rules.
Can the disciplinary process be conducted virtually?
Yes. The regulations allow the use of digital tools, provided that the employee’s right of defense, access to evidence and the ability to respond are fully guaranteed.
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