Service agreement in Colombia: Template, Key Clauses and Local Law (2026)

What a service agreement is under Colombian law A service agreement in Colombia is a contrato de prestacion de servicios: an independent person or company agrees to perform a defined task or service with technical and administrative autonomy, in return for a fee. It is a civil or commercial contract, governed by the Codigo Civil and, where the provider is a merchant or the service is commercial, the Codigo de Comercio. It is not an employment contract and does not carry the prestaciones sociales and social security burden of one, as long as it is genuinely independent. The defining risk is the same one that runs through Colombian labour law: the contrato realidad. If the service provider in practice works under subordination, keeps a schedule set by the client, takes constant instructions and provides the service personally and continuously, a court can find that an employment relationship existed regardless of the paper, and order back payment of benefits and social security. A signed service agreement does not settle the classification. ## The core rules that shape a Colombian service agreement Autonomy is the test. A genuine service provider decides how and when to do the work, uses their own tools, bears their own costs, and ideally serves more than one client. These features keep the contract civil or commercial rather than labour. No subordination. The moment the client exercises continued direction and control like an employer, the arrangement drifts toward employment. Avoid fixed attendance, close daily supervision and exclusivity if you want the contract to stay a service agreement. Social security for independents. An independent contractor in Colombia is generally required to affiliate and contribute to the social security system (health and pension) on their income, and the contracting party often has a duty to verify these contributions. Confirm the current rules and thresholds. Freedom of contract. For a genuine service relationship the parties set scope, deliverables, fees, confidentiality, intellectual property and termination freely, subject to good faith and general civil and commercial law. ## Service agreement, employment, or a works contract It helps to know which contract you actually need before you draft. An employment contract (contrato de trabajo) fits where you want ongoing, subordinate work under your direction. A service agreement (contrato de prestacion de servicios) fits where an autonomous provider delivers a defined service and you do not control how it is done. A works or supply contract fits where the provider commits to a finished result, such as building something or delivering goods, and carries the risk of that result. Choosing the wrong label does not change the legal reality, and in Colombia the reality always wins, but choosing the right one from the start keeps the paperwork, the tax treatment and the social security position aligned with what is really happening. For a genuine service relationship, two practical habits protect both sides. First, define the deliverables and acceptance criteria precisely, so payment is tied to work done rather than to attendance. Second, keep evidence of the provider independence: their own invoices, their own tools, other clients, and proof of social security contributions. If a dispute ever reaches a labour judge, that evidence is what rebuts a claim that the arrangement was really employment in disguise. ## A usable template Adapt to your facts and have a Colombian lawyer review it, especially the independence features. CONTRATO DE PRESTACION DE SERVICIOS / SERVICE AGREEMENT 1. Parties. [Client], NIT [number], and [Provider], identity or NIT [number], acting independently. 2. Nature. The Provider acts with technical and administrative autonomy. No employment relationship or subordination arises. 3. Scope. The Provider will perform [describe the services, deliverables and any acceptance criteria]. The Provider decides the method and organisation of the work. 4. Term. From [date] to [date], or until completion and acceptance of the deliverables. 5. Fee. [Amount], payable [on these dates or milestones], against an invoice. The Provider bears its own costs and taxes. 6. Social security. The Provider maintains its legally required health and pension contributions and provides proof on request. 7. Confidentiality. The Provider keeps the Client information confidential during and after the contract. 8. Intellectual property. [State who owns the deliverables and record any assignment.] 9. Liability and warranties. [Standard of care, warranties, any limitation of liability.] 10. Termination. Grounds and notice, without any labour severance implication. 11. Governing law and jurisdiction. Colombian law; courts of [city]. Signatures, identity or NIT numbers, date. ## A short walk through the key clauses Nature and autonomy must be real, not just stated. Colombian courts look through the label to how the relationship actually runs. Fee and invoicing should not mimic a salary. A fixed monthly payment for full-time, exclusive, supervised work looks like employment. Intellectual property does not pass automatically, so state clearly whether the client owns the deliverables and record the assignment. ## Red flags to check before signing - A service agreement covering what is really a permanent, subordinate role. The reality prevails and benefits become payable.

• Fixed hours, attendance control, daily instructions and exclusivity, which signal employment.
• No proof of the provider social security contributions, where these are required.
• Silence on who owns deliverables and on confidentiality.
• A wide, unpaid non-compete that may be unenforceable. ## Keeping the agreement under control after signing A Colombian service agreement carries duties across its life: invoicing and acceptance of deliverables, checking the provider social security contributions, honouring confidentiality, and keeping the arrangement genuinely independent so it is never recharacterised as employment. Drafting from a clear template, checking that no clause quietly builds in subordination, and keeping deliverables, fees and dates in one place can sit in a single AI workspace tuned to how your company engages providers. Adira is built around that idea: it drafts from a template, models the contract as linked clauses so it can flag a risky or missing term, and keeps obligations and dates together. Adira is India-first today, with jurisdiction set per contract and an international mode for others; deep, verified coverage of Colombian law is on its roadmap rather than established, so treat Colombia specific output as a draft for a Colombian lawyer to confirm. This page is general information, not legal advice. Colombian rules change, so confirm the current position for your situation.