The recent amendment to the Substantive Labor Code (Law 2466 of 2025) introduces significant changes regarding due process in disciplinary matters and the publication of internal work regulations, which impose an immediate obligation on employers.
Key Deadline That Cannot Be Overlooked
Employers have until June 25, 2026, to update their Internal Labor Regulations.
This update is not partial: it must incorporate all provisions derived from the labor reform and its regulatory standards, not just those pertaining to disciplinary procedures.
New standards for due process in disciplinary proceedings
Following the reform, any disciplinary sanction must comply, at a minimum, with:
• Principles such as the presumption of innocence, the right to defense, the right to challenge evidence, proportionality, and impartiality.•
A structured procedure, which includes:
✔ Formal notice of initiation.
✔ Written statement of the facts.
✔ Submission of evidence.
✔ A minimum period of 5 business days for rebuttal.
✔ A reasoned decision.
✔ The possibility of appeal.
✔ The use of technological tools is permitted.
✔ Special safeguards are established for unionized workers and people with disabilities
New RIT Publication Rues
• The regulations must be available:
✔ In two visible locations within the workplace, or
✔ Through virtual means with permanent access,
✔ It may be disseminated via email or the corporate website, with a record of such dissemination.
Who is subject to special rules?
Micro and small businesses (fewer than 10 employees) and domestic workers are subject to a simplified procedure, but must respect the right to a defense and due process.
Key message for employers
This obligation goes beyond a mere formal adjustment: it requires a comprehensive review of the Internal Work Regulations to bring them into line with the new legal framework.
Failure to update them in a timely manner may result in:
✔ Risks of disciplinary sanctions being deemed invalid
✔ Labor disputes
✔ Administrative sanctions by the Ministry of Labor
✅ Recommendation: Start immediately • Review of the current Internal Labor Regulations
✔ Adjustment of the disciplinary procedure
✔ Incorporation of all applicable regulatory changes
✔ Communication with employees and publication.