Online System Introduced for Registration of Foreign National Employees

The situation

A new online system, Sistema Único de Registro de Trabajadores Extranjeros en Colombia  (RUTEC)), requires employers to register their foreign employees. The system will go into effect once an official resolution is released, which is expected in the next few weeks.

A closer look

Under the new system, employers will be subject to the following requirements:

• Employer registration. All employers who hire foreign workers must register in the RUTEC system to be able to register their foreign nationals. 
  • Impact. Employers can register with RUTEC at this time, even though the official resolution has not yet been published. Fragomen can assist with the process.
     
• Hiring new foreign nationals. Employers will need to register new foreign nationals with visas through the new RUTEC system, although the exact timelines for registration have not yet been released. The Ministry of Labor has not yet confirmed if this is a one-time process or if employers will have to update the system when they renew their employees’ visas or amend labor agreements.
  • Impact. Although this registration is a new step that the employer must follow when hiring foreign nationals, it will not delay the date when foreign nationals become work authorized. Employers should include this step as part of their onboarding process and have all information and documents ready in advance. Failure to register a new hire may result in fines or sanctions to the company.
     
• Currently employed foreign nationals. Employers will have to register foreign nationals, including permanent residents who they currently employ. The Ministry of Labor has not yet released a timeline for when this will need to be completed.
  •  Impact.  In anticipation of the system launch, employers should ensure that they have copies of all foreign workers’ contracts on file and should be ready to register their foreign nationals once the system goes into effect. Employers who fail to register their foreign nationals may face sanctions or fines.
     
• Required documents. Employers must submit their foreign nationals’ personal and employment information and a copy of their contract. Further requirements may be released when the official regulation has been published.

Background

The Ministry of Labor will use RUTEC to collect key information that will help them:

• Ensure that all foreign nationals meet the minimum conditions established by the labor law;
• Identify the professional profile of the foreign nationals working in the country in order to help craft future labor immigration policy on hiring conditions; and
• Track the exact number of foreign nationals in the country using a centralized system.

Looking ahead

Although the RUTEC system will not go into effect until the Ministry of Labor issues an official resolution in the next few weeks, in anticipation of this event, employers should submit their company registration in RUTEC during the next few weeks. Additional implementing details are expected to be released in the official resolution.

A new government was formed in Colombia on August 7, 2018 and due to this, additional changes to immigration policies are likely  forthcoming.

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].