Unjust-dismissal indemnity in Colombia
If the employer ends an employment contract without just cause, CST article 64 (Law 789 of 2002, art. 28) sets indemnity in days of pay. It is not cesantías, not prima, and not a full settlement.
Wage COP 2,000,000, 2 years, indefinite under 10 SMMLV: 30 + 20 = 50 days. 2,000,000 ÷ 30 × 50 = COP 3,333,333.33.
Not legal advice. Article 64 does not print a peso SMMLV: you pick the band. Transport allowance is out. Resignation or just cause = 0. The 10-year transitory table is out of scope.
How it is calculated
Daily wage = monthly wage ÷ 30 Indemnity = daily wage × article 64 days
| Contract | Rule |
|---|---|
| Indefinite, under 10 SMMLV | 30 days in year one + 20 per extra year (fractional) |
| Indefinite, 10 SMMLV or more | 20 days in year one + 15 per extra year |
| Fixed-term / specific work | Remaining salary days, 15-day floor |
Year one is a lump: 0.5 years under 10 SMMLV is still 30 days, not 15.
Examples (same engine numbers)
| Case | Days | COP |
|---|---|---|
| 2 years, under 10 SMMLV | 50 | COP 3,333,333.33 |
| 2 years, 10 SMMLV or more | 35 | COP 2,333,333.33 |
| 0.5 years, under 10 SMMLV | 30 | COP 2,000,000 |
| Fixed-term, 10 days left | 15 | COP 1,000,000 |
| Fixed-term, 40 days left | 40 | COP 2,666,666.67 |
Sources
- CST art. 64 (Law 789/2002 art. 28). Bogotá SISJUR reprint of Decree 2663 of 1950.
CST article 64 (Law 789/2002): pay if the employer ends the contract without just cause. It is not cesantías and not prima.
Indefinite, under 10 SMMLV: 30 days in year one + 20 days per extra year (fractional). COP 2,000,000 and 2 years = 50 days = COP 3,333,333.33.
20 days in year one + 15 days per extra year. Two years = 35 days.
No. It pays remaining salary days, floored at 15 days. 10 remaining days become 15.
No. Days × monthly wage ÷ 30, without the allowance. The allowance belongs in cesantías and prima, not here.
No. Cesantías, interest, prima, and vacation live on the labor settlement calculator.
Continue with cesantías and prima de servicios.