By: Rodrigo Tannus Serrano Founding member of Tannus & Asociados email@example.com
On October 9, 2018, the Ministry of Labor issued Resolution 4386, creating and implementing the Single Registry of Foreign Workers in Colombia “RUTEC”. The Ministry aims to collect and control the information about foreign workers in the country, allowing it to have allowing it to monitor their current status and avoid abusive and illegal contracting practices.
For whom does the registration apply?
All foreign nationals working in Colombia in the public or private sector must be registered by their Colombian employer. Self-employed foreign workers must also register themselves. Those dependent and independent foreign workers who are working in the country must be registered, including those workers with a Special Permit of Permanence (PEP). Also, the personnel of the embassies and consulates in Colombia must be registered.
What are the times to make and update the record, as well as its validity time?
Foreign national workers must be registered within 120 days of the conclusion of the employment contract. Companies have 120 days from the issuance of Resolution 4388 to register their existing foreign workers.
Registration is valid for the length of the respective employment contract, and any changes must be reported within 30 calendar days.
Penalties for non-compliance are between one and five thousand minimum legal monthly salaries.
SIRE Vs. RUTEC
Employees who are already registered in the SIRE system should be aware that they must also register in the new RUTEC system, as they are separate databases and maintained by different government agencies. SIRE is administered by immigration authorities and RUTEC is administered by labor authorities. Labor authorities may use the information collected in the new registry as a basis for creating or changing the country’s policies affecting immigrant labor.