The Ministry of Labour provided instructions concerning the request for overtime work

9 October 2023 2 min read

In accordance with Resolution 3031 of 2023, employers who had previously obtained approvals for their employees to work overtime on an indefinite basis before 2014 must renew these authorisations by 29 February 2024. Failure to complete the renewal process will result in the expiration of overtime authorisations, potentially leading to sanctions against the employers.

Circular No. 0069 from the Ministry of Labour outlines specific criteria and offers guidance for evaluating and responding to requests related to overtime work authorizations. Employers are required to submit the following documents along with their written request:

A comprehensive list of the job positions for which authorization is being sought, along with a justification explaining why the approval of supplementary work is necessary; and
Certifications issued by the Labour Risk entity confirming that the supplementary work will not adversely affect the health and safety of employees in any manner.

In addition, the employer must publish the request for authorisation in all workplaces, allowing the employees to express their opinions on the matter, which will be received and evaluated by the Labour Inspector in order to decide upon the authorisation. The Ministry established that, in the absence of this publication, the application will not be approved.

Further, if there are labour unions within the company, they must be notified of the request and kept informed of its progress and outcome; failure to do so may result in the rejection of the request.

The Labour Inspector must issue the authorisation based on the information provided by the employer in its request. This authorization will have a maximum duration of two years.

Finally, if the request is granted, the Ministry will issue an administrative act, and the employer must maintain a record of supplementary work. This record should be updated daily and should include details such as the list of employees involved, their working hours, and proof of payment for the supplementary work.