Distinguishing a surcharge from overtime helps prevent underpayment, duplicate payment and incorrect payroll configuration. The relevant question is not only when the person worked. It is also necessary to identify the ordinary schedule, whether it was exceeded, and whether the work occurred on a mandatory rest day or public holiday.
This guide sets out the rates in force on August 4, 2026. Our earlier article on workplace disciplinary procedure reform mentioned the new night-work period; this article explains the practical effects on shifts and payroll.
The surcharge for work on a mandatory rest day or public holiday is no longer 80%. It increased to 90% on July 1, 2026 and will reach 100% on July 1, 2027, unless the employer applies the full rate earlier.
A surcharge and overtime are not the same
A surcharge compensates for a special condition in which services are performed. An employee may, for example, work within an ordinary shift between 7:00 p.m. and 10:00 p.m. Those hours are not necessarily overtime, but they do generate the night-work surcharge.
Overtime arises when work exceeds the agreed ordinary schedule or the applicable statutory maximum. An hour after 7:00 p.m. is therefore not automatically overtime; it must first be compared with the employee’s actual shift and working-time arrangement.
The general maximum is now 42 hours per week without a salary reduction, following the gradual implementation of Law 2101 of 2021. Whether a particular hour is overtime still depends on the applicable working-time arrangement and valid agreements.
What are the current daytime and nighttime periods?
Article 10 of Law 2466 of 2025 amended Article 160 of the Substantive Labor Code. The new period took effect six months after the law was enacted, on December 25, 2025.
As a general rule, ordinary work performed from 7:00 p.m. generates the 35% night-work surcharge even if the employee’s agreed shift has not yet ended.
Rates in force on August 4, 2026
Every percentage is calculated on the ordinary daytime hourly rate, shown as H. “Additional surcharge” is the amount added; “total value” includes the ordinary hourly rate plus the surcharge.
| Concept | When does it apply? | Additional surcharge | Total value |
|---|---|---|---|
| Ordinary night-work surcharge | Ordinary work between 7:00 p.m. and 6:00 a.m. | 35% | H × 1.35 |
| Daytime overtime | Overtime performed during daytime hours | 25% | H × 1.25 |
| Nighttime overtime | Overtime performed during nighttime hours | 75% | H × 1.75 |
| Ordinary daytime work on a mandatory rest day or public holiday | Ordinary daytime work on the employee’s rest day or a public holiday | 90% | H × 1.90 |
| Ordinary night work on a mandatory rest day or public holiday | Ordinary night work coincides with a rest day or public holiday | 125% (90% + 35%) | H × 2.25 |
| Daytime overtime on a mandatory rest day or public holiday | Daytime overtime coincides with a rest day or public holiday | 115% (90% + 25%) | H × 2.15 |
| Nighttime overtime on a mandatory rest day or public holiday | Nighttime overtime coincides with a rest day or public holiday | 165% (90% + 75%) | H × 2.65 |
The base surcharge for work on a mandatory rest day or public holiday will rise from 90% to 100%. Ordinary night work on a rest day will therefore carry an additional 135%; daytime overtime on a rest day, 125%; and nighttime overtime on a rest day, 175%.
When are percentages added together?
Percentages combine when different legal conditions apply to the same hour. Nighttime overtime on a mandatory rest day, for example, combines a 75% nighttime-overtime surcharge and a 90% rest-day surcharge. The additional surcharge is 165%, and the total value is H × 2.65.
However, the 35% ordinary night-work surcharge and the 75% nighttime-overtime surcharge are not both added to the same hour. Article 168 of the Substantive Labor Code makes the night-work, daytime-overtime and nighttime-overtime surcharges mutually exclusive. Combination with the rest-day surcharge is possible because it is a separate legal condition.
Simple calculation examples
Assume H is the ordinary daytime hourly rate and equals COP 10,000.
Additional surcharge: COP 3,500.
Total value: COP 13,500.
Additional surcharge: COP 2,500.
Total value: COP 12,500.
Additional surcharge: COP 16,500.
Total value: COP 26,500.
A “165% surcharge” does not mean the total hour is worth 165% of H. It means 165% is added to the ordinary hour, for a total of 265% of H.
The mandatory rest day may be a day other than Sunday
Article 14 of Law 2466 of 2025 allows the parties to agree in writing on a mandatory rest day other than Sunday. Without an express provision in the employment contract or an amendment, Sunday is presumed to be the mandatory rest day.
Before calculating payment, employers must identify the agreed rest day, determine whether the date is a public holiday, identify the ordinary schedule and establish whether the time worked was ordinary or overtime. Looking only at the day’s name on a calendar is insufficient.
Common payroll errors
- Treating every hour after 7:00 p.m. as overtime. It may be ordinary night work if it falls within the agreed shift.
- Continuing to apply 80%. Since July 1, 2026, the rest-day or public-holiday surcharge is 90%.
- Combining rates incorrectly. Concurrent legal conditions must be identified without duplicating ordinary night work and nighttime overtime.
- Failing to track working time. Without reliable records, it is difficult to distinguish ordinary, overtime, daytime and nighttime work.
- Confusing the additional rate with total value. A 90% surcharge produces a total hour equal to H × 1.90.
Preventive checklist for companies
- Define each employee’s ordinary schedule and mandatory rest day in writing.
- Review shifts, employment contracts, amendments, Internal Work Regulations and flexible-work agreements.
- Configure payroll software for night work beginning at 7:00 p.m. and a 90% rest-day surcharge.
- Separate ordinary from overtime hours and daytime from nighttime hours in reports.
- Retain entry, exit, shift, authorization and overtime-payment records.
- Confirm that payslips identify the concepts paid and use the correct hourly rate.
- Prepare now for the mandatory-rest-day surcharge to increase to 100% on July 1, 2027.
A coordinated review by human resources, payroll, operations and legal counsel helps ensure that actual shifts align with contracts, software settings and time records.
Official sources
- Law 2466 of 2025 — Colombia’s Public Service legal database, particularly Articles 10 and 14.
- Law 2466 of 2025 — Bogotá legal database, including the gradual surcharge schedule.
- Substantive Labor Code — SUIN-Juriscol, Article 168.
- Law 2101 of 2021 — Colombian Senate, gradual reduction of the weekly maximum.
Review payroll before an error becomes a liability
Honor Legal helps companies and human resources teams review shifts, contracts, time controls, payroll software and employment-surcharge calculations.
You may also email honorlegal@hotmail.com.
This article provides general information and does not replace legal advice or a review of the contracts, schedules and specific circumstances of a particular company or employee.