Online System for Registration of Foreign Employees Now in Effect

The situation

The Ministry of Labor confirmed that the online system called Sistema Único de Registro de Trabajadores Extranjeros en Colombia  (RUTEC) introduced last week has gone into effect.

A closer look

With the implementation of the RUTEC, employers must follow the below steps:

• Register current employees. Employers must register their current employees on the system by February 6, 2019 and therefore should begin preparing a list of all foreign nationals employed as of October 9, 2018 including the below information:
  • Personal contact details;
  • Proof of affiliation with Colombian social security system; and
  • Valid work contract.
     
• Register new foreign workers. Employers must register new foreign employees on RUTEC within 120 calendar days of the signing of the work contract. Employers should include this step as part of their onboarding process.
   
• Complete other notifications. The Ministry of Labor confirmed that employers must complete an update on RUTEC when an employee’s job title or salary changes and at the end of the employee’s assignment, within 30 days of the event.
   

Impact

Although the deadline to register with the RUTEC is early next year, companies currently employing foreign nationals should contact their immigration provider as soon as possible to begin preparations for the registration process. Failure to register a new hire may result in employer fines ranging from 1 to 5,000 times the Colombian minimum monthly salary (which is currently COP 781,242, approximately USD 245).

Background

The Colombian Immigration Department uses the SIRE registration system to ensure foreign nationals under a work visa comply with immigration laws. Now, the RUTEC allows the Ministry of Labor to ensure that all foreign nationals working in Colombia comply with the country’s labor laws. Registration on both systems is required for every foreign employee hired by a local company.

The introduction of an online foreign worker registration system signals the increased involvement of other government agencies in the immigration process, as the Ministry of Labor was never involved in Colombian immigration processes before this system.

In other countries in Latin America such as in Peru and Costa Rica, labor authorities have long been involved in the immigration process. Online foreign worker tracking systems also exist in many other countries, including in Mozambique and Singapore.

Looking ahead

A new government was formed in Colombia on August 7, 2018 and due to this, additional changes to immigration policies are likely forthcoming. Additionally, since RUTEC is a new system, it is possible that related deadlines and requirements may change during the implementation period. Fragomen will report relevant changes as they are announced.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].