Colombia late-payment penalty 2026
If the employer does not pay on time, it owes 1 day of salary per day of delay (CST art. 65, as amended by Law 789 of 2002 art. 29). It runs from contract termination until effective payment, with a legal cap of 24 months (720 days) for anyone earning more than 1 SMLMV; once those 24 months pass, the employer pays default interest from month 25. Paragraph 2 of art. 65 states the 24-month cap applies only to those earning more than one minimum wage: at 1 SMLMV or less the penalty runs without that cap.
With $2,000,000 and 10 days: $666,666.67.
Formula
(salary / 30) × days late, capped at 720 days when the salary exceeds 1 SMLMV ($1,750,905 in 2026)
| Item | Value |
|---|---|
| Monthly salary | $2,000,000 |
| Daily wage | $66,666.67 |
| Days late | 10 |
| Penalty | $666,666.67 |
| Legal cap (above 1 SMLMV) | 720 days / 24 months |
| From month 25 | default interest |
Common mistakes
- Believing the 24-month cap does not exist or that "case law debates it": it is statutory (CST art. 65, as amended by Law 789 of 2002 art. 29).
- Applying the 24-month cap to a salary of 1 SMLMV or less: there the penalty runs without it (paragraph 2).
- Dividing by calendar days instead of 30.
- Forgetting it runs until effective payment, not until the claim.
Yes: 720 days (24 months) when the salary exceeds 1 SMLMV; from month 25 default interest is paid. At 1 SMLMV or less that cap does not apply.
No. Educational estimate. Check with your lawyer.
Educational content, not legal advice. CST art. 65 as amended by Law 789 of 2002 art. 29 (24-month cap and interest from month 25).