The growth of migratory flow in Colombia[1] influences the increase in provision of services and hiring of foreign personnel by Colombian companies; these activities give rise to migratory obligations for the companies with mandatory compliance (when applicable) and if they are not attended could be subject to sanction by authorities.
These reports are made before these authorities: Migración Colombia with a registration in SIRE system (Foreigners Registration Information System-in Spanish-) and the Ministry of Labor with the registration in the RUTEC (Registry of Foreign Workers in Colombia-in Spanish-); Both reports point to the control and registration of the foreigners in Colombia, relating their ID number, location for registration, the activity to be carried out or the service or connection provided to the foreigner with the start and end date and the information of the company or natural or legal person related to the foreigner; this makes it possible to provide greater control over the migration and hiring of foreigners, avoid labor exploitation and obtain statistical information that will allow the Government to design the most suitable public and labor policies.
These records are made online and all employers of foreign personnel (natural and legal persons) have the obligation to do it. Both applications have a similar purpose, which is to register foreigners who enter Colombia, the differences are the following:
Term: The SIRE contemplates a term of fifteen (15) calendar days, following the occurrence of the novelty, which is the date of signing of the contract or the termination of the contract). The RUTEC for its part has two terms: one hundred twenty (120) days from the signing of the contract and another of thirty (30) for its completion; both counted in calendar days.
Who must register in SIRE and RUTEC? This is the most important difference between these two registries, in SIRE all foreigners who are Linked or Hired to carry out activities in Colombia that generate some benefit must be registered, to receive or provide professional, academic, religious , cultural, sports or artistic services, among others. On the other hand, RUTEC only has the data of foreigners who are linked by a contract (in any of its modalities), or by a service provision contract, in the case of independent workers.
Registration certification: At the end of each registration, the system will allow you to download a copy of it. The SIRE generates a report detailing all the information entered in the system, for its part, the RUTEC issues certificates of the registry listing the main information of the foreign employee.
Sanctions: Different types of sanctions have been established for not carrying out the records or not carrying them out within the time of the law. The SIRE establishes fines that amount to fifteen (15) legal monthly minimum Colombian salaries, and these will be graduated per the seriousness of the offense. The details of these sanctions are in Resolution 714 of June 12, 2015[2] of Migración Colombia. For its part, RUTEC, although it does not have a list of specific sanctions for non-compliance with its reports, it can be understood by interpretation that the sanctions indicated in the Substantive Labor Code converge and that therefore it has sanctions up to five thousand 5,000) legal monthly minimum Colombian salaries per the seriousness of the offense[3].
We can conclude that they are independent platforms and there is an obligation to always be reviewed by employers who hire foreign personnel, also these records constitute an important input for the construction of public policy on immigration matters. If you have additional questions about this topic, about how to register your employees on these platforms click here or you can contact LARM Colombia via marketing@larmgroup.com to provide you with specialized advice on the subject.
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Sources:
[1] https://www.migracioncolombia.gov.co/planeacion/estadisticas/publicaciones [2]https://www.cancilleria.gov.co/sites/default/files/Normograma/docs/resolucion_uaemc_0714_2015.htm [3] https://leyes.co/codigo_sustantivo_del_trabajo/486.htm
Key words:
Registries, SIRE, RUTEC, Regulations, Benefits, Experiences, Colombian Nationality, Support, Accompaniment, Relocation, LARM.
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