On October 9th of 2018, the Ministry of Labor of Colombia issued the Resolution 4386 of 2018, by which the Unique Registry of Foreign Workers in Colombia (RUTEC) was created and implemented, as a platform to quantify, identify and diagnose the labor immigration in the country.
The purpose of RUTEC is to obtain information on labor immigration in the country as an input for the construction of labor migration policy.
This Registry is mandatory for all entities of the public and private sector companies that link or hire foreigners within the Colombian territory.
Registration and update terms:
- The companies that currently have foreign workers linked to them must register them in RUTEC for a period not exceeding one hundred twenty (120) calendar days counted from October 9th of 2018, date of issuance of the aforementioned Resolution. This term is met on February 5th of 2019.
- For new foreign workers, the registration with RUTEC must be made within a period not exceeding one hundred twenty (120) calendar days following the contract celebration or from the bonding of the foreign worker to the company.
- Once the link of the foreign worker with the company is completed, or any modification to the information initially provided is presented, the company must register these updates within thirty days (30) calendar days following the occurrence of them.
The obligation to report foreigners to the Foreigner Information and Reporting System (SIRE) of Migracion Colombia will continue, as the obligations of RUTEC and SIRE are not mutually exclusive.
It is necessary to clarify that all foreigners entering Colombia and representing a benefit for a Colombian company, whether economic or not, must be reported before SIRE, while only foreigners with a current contract with the Colombian company must be reported before RUTEC.
Surveillance and control:
The inspection, surveillance and control of RUTEC will be under the Ministry of Labor authority, which directly links the entity in the migratory processes.
In case that companies fail to comply with this obligation, they may be subject to a penalty of 1 to 5,000 Minimum Legal Monthly Wages (SMMLV) by the Ministry of Labor depending on the severity of the infringement (Article 486 of the Labor Code).
* SMMLV for the year 2018: COP $ 781,242 / USD $ 252
If you have any doubts regarding the above information, its management and the obligations of the Company that arise from it; we are very attentive to assist you in the most timely and efficient manner. Contact us at (1) 4847000 or by email firstname.lastname@example.org
Carlos Sandoval, Partner of People Advisory Services – Carlos.Sandoval@co.ey.com
Jonathan Valencia, Manager of People Advisory Services – Jonathan.Valencia@co.ey.com