The Battle for Labor Reform in Colombia

The labor reform proposed by President Gustavo Petro’s government represents one of the significant attempts in recent years to transform Colombia’s labor landscape, aiming to strengthen workers’ rights, reduce precarious employment, and promote social justice.

However, the reform has faced fierce opposition from conservative sectors in Congress, leading to its initial rejection.

Petro is now initiating an unprecedented move by proposing a popular consultation to allow the people of Colombia to determine the future of these labor policies.

This article explores the key aspects of Petro’s labor reform, the reasons behind its rejection in Congress, the implications of a popular consultation, and the broader political and economic debate surrounding these measures.

The Labor Reform: Key Proposals and Their Justification

The labor reform presented by Petro’s government sought to address several structural issues in Colombia’s labor market, including informality, job instability, and the lack of protections for vulnerable workers. Some of its most significant proposals included:

1. Increased Surcharges for Night and Holiday Work

The reform proposed raising the surcharge for work on Sundays and holidays from 75% to 100%, restoring a benefit that had been reduced during Álvaro Uribe’s presidency.

Additionally, it sought to expand night shift surcharges, ensuring better compensation for workers in demanding schedules.

Pros:

• Higher wages for workers in unfavorable shifts.
• Fairer compensation for those who add personal time

Cons:

• Critics argue this could increase labor costs, discouraging formal hiring.

2. Expansion of Paternity and Menstrual Leave

The reform included extending paternity leave and introducing leave for women suffering from incapacitating menstrual conditions, such as endometriosis, a condition affecting millions of Colombian mentruating bodies.

The Colombian Parliament 🇨🇴 has voted on an appeal of the labor reform, keeping it under discussion in Congress. Senate Commission 4 will carry forward this important proposal to benefit the country's workers. pic.twitter.com/6EtL17zNHs

— teleSUR English (@telesurenglish) May 16, 2025

Pros:

• Promotes gender equality and family well-being.
• Recognizes health needs often ignored in the workplace.

Cons:

• Employers may see this as an additional financial burden.

3. Formalization of Digital Platform Workers

The reform aimed to recognize delivery app workers (like Rappi) as employees rather than independent contractors, granting them social security and labor rights.

However, it excluded transport app drivers (like Uber), as their legal status remains unresolved.

Pros:

• Prevents exploitation in the gig economy.
• Ensures basic protections for vulnerable workers.

Cons:

• Companies argue this could raise operational costs, potentially reducing job availability.

4. Strengthening Open-Ended Contracts

The reform sought to make indefinite contracts the default, limiting temporary contracts to strictly temporary needs. This measure aimed to reduce job insecurity.

Pros:

• Greater job stability for workers.
• Reduces abusive short-term hiring practices.

Cons:

• Businesses claim this reduces flexibility in hiring.

5. Protection for Apprentices and Farmworkers

The reform proposed improving SENA apprenticeship contracts, ensuring fair pay and benefits. It also included a pension fund for informal agricultural workers, who currently have almost no retirement options.

Pros:

• Prevents exploitation of young workers.
• Addresses extreme informality in rural areas.

Cons:

• Some argue this could discourage companies from offering internships.

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Why Did Congress Reject the Reform?

The labor reform was narrowly defeated in Congress on May 15, with 49 votes against and 47 in favor. The vote was marred by controversy, with Petro’s coalition alleging irregularities.

Senator Edgar Díaz of Cambio Radical reportedly changed his vote after the session closed, leading to accusations of foul play. The tension escalated so much that police had to intervene in the Senate.

Conservative Opposition’s Arguments

1. Economic Concerns: Conservatives argue that increasing labor costs will lead to higher unemployment and informality.
2. Business Resistance: Employers’ associations claim the reform would make Colombia less competitive.
3. Political Strategy: Many see the rejection as part of a broader effort to weaken Petro’s agenda.

Government’s Response: Accusations of Institutional Blockade

Petro and his allies have denounced the vote as undemocratic, framing it as an elite resistance to progressive change. Labor Minister Gloria Ramírez stated: 

“This is not just about a labor reform; it’s about whether Colombia will continue to deny rights to its workers.”

The Path Forward: Popular Consultation

Faced with congressional gridlock, Petro has announced a national referendum to let Colombians decide directly on the labor reform.

This mechanism allows the president to avoid Congress if a sufficient number of citizens participate.

How Would the Popular Consultation Work?

• Threshold: At least 13.6 million Colombians (1/3 of the electorate) must vote for it to be valid.
• Approval Requirement: Each question needs at least 6.8 million “Yes” votes to pass.
• Implementation: If approved, Congress has two legislative terms to enact the changes. If they fail, the next president could implement them by decree.

The 12 Key Questions

The consultation includes questions on:

• Reducing the workday to 8 hours (reversing Uribe’s extension to 10 PM without extra pay).
• Restoring 100% surcharge for Sunday/holiday work (reversing Uribe’s cut to 75%).
• Support for small businesses with better credit access.
• Medical and menstrual leave rights.
• Hiring quotas for people with disabilities.
• Fair contracts for SENA apprentices.
• Social security for delivery app workers.
• Labor rights for agricultural workers.
• Banning abusive outsourcing.
• Formalizing domestic workers.
• Promoting indefinite contracts.
• Pension fund for farmers.

A Historic Crossroads for Colombian Workers

Petro’s labor reform represents a bold attempt to reduce inequality and strengthen workers’ rights in a country where informality and precarious employment are rampant.

While conservatives argue it could harm the economy, supporters see it as a necessary correction to decades of neoliberal policies that favored businesses over workers.

The popular consultation now places the decision in the hands of Colombians. If successful, it could mark a turning point in labor rights, proving that progressive change is possible even against entrenched opposition.

If it fails, it will reinforce the status quo, leaving millions of workers without the protections they desperately need.

One thing is clear: this battle is far from over, and its outcome will shape Colombia’s social and economic future for years to come.

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