Employment Contracts for Tech Startups
We design employment and service contracts with intellectual property, confidentiality, and vesting clauses tailored to technology companies in Colombia.
Why does your startup need specialized employment contracts?
Generic employment contracts don't cover the needs of a technology company. Your development team creates code, designs, and architectures that are your business's main asset. Without specific intellectual property assignment, confidentiality, and non-compete clauses, your company is vulnerable.
In Colombia, the Substantive Labor Code regulates employment relationships but doesn't address the particularities of the tech sector. That's why you need contracts that comply with Colombian law while protecting your digital assets.
Types of engagement for your tech team
Indefinite-term employment contract
For full-time employees with subordination. Includes all social benefits. Ideal for the core development team.
Fixed-term employment contract
For projects with a defined duration. Maximum 3 years, renewable. Same benefits as indefinite-term.
Service contract
For freelancers and independent contractors without subordination. The contractor manages their time and tools. Requires explicit IP clauses.
Work or task contract
Linked to a specific deliverable (a module, a migration, an MVP). Ends when the work is completed.
Co-founders agreement
Defines roles, contributions, vesting, dedication, exit, and decision-making among the startup's founding partners.
Internship / apprenticeship contract
For university interns or SENA apprentices. Regulated by Law 789 of 2002.
Essential clauses for tech contracts
Intellectual property assignment
All code, design, documentation, and know-how created during the relationship belongs to the company. Covers patrimonial copyright (Law 23 of 1982).
Confidentiality
Protection of trade secrets, proprietary code, client data, and business strategy. Effective during and after the relationship.
Non-compete
Reasonable restriction to prevent the employee from working at direct competitors for a limited period after termination.
Non-solicitation
Prevents the former employee from recruiting other team members or contacting company clients for a defined period.
Remote work
Telework regulation under Law 1221 of 2008 and Law 2121 of 2021 (remote work). Defines tools, schedules, and connectivity allowance.
What does our service include?
- ✓Custom employment contracts with IP clauses
- ✓Service contracts for freelancers
- ✓Confidentiality agreements (NDA) for the team
- ✓Non-compete and non-solicitation clauses
- ✓Co-founders agreements with vesting
- ✓Remote work regulation under Colombian law
- ✓Labor obligations and social security advisory
Complementary services
Protect your team and company comprehensively:
- → Company Incorporation with bylaws that include vesting clauses.
- → Intellectual property protection with DNDA registration.
- → SaaS Contracts to commercialize the software your team develops.
Frequently Asked Questions
It depends on the relationship. If the developer works with a fixed schedule, subordination, and exclusivity, you need an employment contract (Substantive Labor Code). If they're a freelancer with autonomy over their time and tools, you can use a service contract. Misclassifying the relationship can lead to labor lawsuits with significant costs.
The contract must include an express clause assigning patrimonial rights over all code, designs, and documentation created during the employment relationship. Without this clause, under Law 23 of 1982, copyright is born in the developer's name, not the company's.
Yes, but with limitations. Post-contractual non-compete clauses must be reasonable in time (maximum 1-2 years), territory, and activity. Additionally, Colombian case law requires the employer to financially compensate the worker during the restriction period.
Vesting is a mechanism by which co-founders or key employees gradually acquire shares (typically 4 years with a 1-year cliff). In Colombia, it's implemented through shareholder agreements and statutory clauses in the SAS. There's no specific regulation, but it's perfectly valid under Law 1258 of 2008.
The same as any employer: social security enrollment (health, pension, ARL), social benefits payment (bonus, severance, interest, vacation), uniforms if applicable, and compliance with the Substantive Labor Code. There are no exceptions for startups. Non-compliance generates penalties and lawsuits.