Tipping Law in Colombia (Law 1935): 10% is voluntary, how it is distributed, and what the SIC sanctions

Quick answer: the restaurant may suggest a tip of up to 10%, but it cannot charge it as mandatory. It must ask the customer before invoicing, and that money belongs to the service chain, not to the business. What follows is written for whoever runs a venue or works in the dining room, with a section for the diner.

I'll be blunt: most arguments at the register start with one phrase, "it's already included." That phrase, said without asking, is exactly what the regulation does not allow.

Who Law 1935 applies to and what a tip is

Law 1935 of 2018 has been in force since its publication in the Official Gazette 50.674 on August 3, 2018. It covers food, beverage, or public entertainment establishments, and any other place where a tip is suggested or may be given if the customer so decides.

The law defines a tip as a sum of money that the consumer gives voluntarily to the people in the service chain, independent of the sale value. The establishment may suggest it; accepting it always depends on the customer (source: Secretaría del Senado).

How it is requested and how it is invoiced

The 10% cap applies when the venue suggests the tip and includes it on the invoice with the consumer's acceptance. The law calculates it on the value of the service provided; the SIC's model notice refers to the "value of the bill." These are two wordings from different sources, so quote each as written and do not mix them. It also does not mean the customer cannot leave more of their own free will.

The step most often skipped: before issuing the invoice or equivalent document, the staff member must ask whether the tip is included, not included, or what amount the customer wants to give. Ideally, do this when the customer asks for the bill.

• If they were asked: the customer decides and the invoice reflects their answer.
• If they were not asked: the customer may reject the tip or change the amount even after the invoice has been issued.

The notice at the entrance, on the menu, and on the price list

SIC External Circular 7 of 2022 (Official Gazette 52.148 of September 5, 2022) requires anyone who suggests a tip to post a visible notice at the entrance and repeat it on menus and price lists. The notice is titled "ADVERTENCIA PROPINA" and must state:

• the suggested percentage;
• that the customer may accept, reject, or modify the amount;
• that they will be asked when requesting the bill;
• that the tip goes only to the service chain;
• the complaint channels: (601) 592 0400 in Bogotá, the national line 01 8000 910165, and the email contactenos@sic.gov.co with the subject text "Queja cobro de propina".

The SIC set the start date of the notice as November 5, 2022. If you are transcribing it, copy the full text of the circular, without changing phone numbers or the "XX%". The office phone numbers were still published on sic.gov.co on November 7, 2026; confirm them before printing.

A note for the manager on prices: in food and beverage service there must be a visible price list or a physical menu. A digital menu complements it but does not replace it, and you may not require registration or personal data to see prices, or advertise values such as "20K" or "depending on size." This is consumer information; the health permit is a separate matter, which we explain in the guide to the health concept for restaurants and cafés.

Who owns it and how it is shared

The only beneficiaries are the people in the service chain. The law does not list positions, so do not draw up closed lists on your own: what matters is that those who take part in the service agree on it. If there is no agreement, the split must be equitable.

The employer has a limited role:

• sets the payment schedule, which cannot exceed one month;
• may not intervene in the distribution;
• may not use the tip for establishment expenses: replacing work items, paying shifts, investment replacements, or any other expense that is not paying the worker;
• may not withhold what belongs to the worker.

Honestly, this is where most venues expose themselves: tip money enters the business's register and it is tempting to treat it as a cushion. It is not.

A tip is not salary, and a job posting must reflect that

According to paragraph 2 of article 5 of the law, in accordance with article 131 of the Substantive Labor Code, income from tips does not constitute salary or a salary factor, and what a worker receives in tips cannot be agreed as payment for the service. I will not go further than that: what this implies for social security or taxes depends on the case, and it is worth confirming with an accountant or labor lawyer.

In practice, a serious offer separates things: agreed wage, shift, and area on one side; voluntary tip on the other, without presenting it as guaranteed income. If you have an old template that puts "shift tips" in the salary block, fix it. The guide to publishing vacancies for waiters and cooks and the one for hospitality and food service jobs help you build the rest of the listing.

According to the internal snapshot of November 7, 2026, the hospitality jobs category on Colombia Move had no active listings, so a well-written vacancy does not compete with a pile of offers.

SIC sanctions: caps, not automatic fines

The SIC monitors consumer information and the effective allocation of tips. Non-compliance is sanctioned under article 61 of Law 1480 of 2011, always after an administrative investigation:

• fine of up to 2,000 monthly minimum wages (SMMLV) in force at the time of the sanction;
• temporary closure for up to 180 days and, in case of repeat offenses and depending on severity, permanent closure;
• successive fines of up to 1,000 SMMLV while there is defiance of orders;
• for natural persons who authorized or carried out the conduct, a fine of up to 300 SMMLV and a prohibition on engaging in commerce for up to 5 years.

These are maximums, not rates. Each case is graded and there is no fixed fine in pesos.

How to file a complaint and practical wrap-up

If you were charged a tip as mandatory, or suspect the venue is withholding the waiters' share, you can write to contactenos@sic.gov.co with the subject text "Queja cobro de propina" or call the numbers in the notice. Keep the invoice. The complaint allows the SIC to investigate; it does not guarantee a fine, closure, or refund.

• Manager: notice at entrance, menu, and list; ask before invoicing; distribution within one month at most; never use the tip for venue expenses.
• Waiter: agree the split with your team or demand equitable shares; the tip is not part of your agreed salary.
• Diner: you can say no or change the amount, even with the invoice already printed if you were not asked.

Frequently asked questions

❓ Is a 10% tip mandatory at a restaurant in Colombia?

No. 10% is the maximum the venue may suggest when it includes it on the invoice with the customer's acceptance. The consumer may accept it, reject it, or change the amount, and it must never be presented as a mandatory charge (verify with the official source).

❓ Can they include the tip on the invoice without asking me?

No. They must ask before issuing the invoice whether to include it, not include it, or what amount you want to give. If they did not ask, you may reject it or change it even after the invoice has been issued, according to SIC Circular 7 of 2022 (verify with the official source).

❓ How long do they have to pay the waiter the tip?

The employer sets the schedule, but the period cannot exceed one month. If the people in the service chain do not agree on the split, it must be equitable, and the employer may not intervene in the distribution (verify with the official source).

❓ Is it lawful for the owner to deduct the tip for a broken plate or a cash shortage?

No. The law prohibits using the tip for establishment expenses and withholding the part that belongs to the worker. If you have a specific case, consult a labor lawyer or file a complaint with the SIC (verify with the official source).

❓ Is the tip part of the salary?

No. Law 1935, together with article 131 of the Substantive Labor Code, states that it does not constitute salary or a salary factor and cannot be agreed as payment for the service. For contributions or taxes, consult an accountant (verify with the official source).

❓ What fine does the SIC impose if they charge the tip as mandatory?

After an investigation, the SIC may apply article 61 of Law 1480, with fines of up to 2,000 SMMLV in force at the time of the sanction, in addition to other measures. It is not a fixed or automatic fine (verify with the official source).

❓ Where can I post a vacancy for a waiter or cook?

You can post it in the Colombia Move jobs section, hospitality category, stating the agreed wage, the shift, and the area. Do not present the tip as part of the salary.