The Ministry of Labor (the "Ministry") issued the opinion 129152 regarding work availability of the employees - without effective service - and if such period of time should be included within the work schedule in order to be paid as salary.

Even though work availability is not regulated in Colombian Labor Law, our Supreme Court of Justice has established that the period of time on which the employee is instructed to be available for the employer´s service, could be considered within the work schedule if the employee has to stay in a place determined by the employer (i.e. work location) or if he is not free to perform personal activities; in case the employee is free to perform personal activities during such period of time, it could not be considered within work schedule, and thus, it has no salary nature.

Therefore, the criteria to determine if the period of time on which the employee is available -without effective service- could be included within the work schedule, with its salary implication, is the degree of restriction that the employee has to perform personal activities.