Colombia Ley 2466 Labor Reform
Colombia Ley 2466 de 2025 Labor Reform
Ley 2466 de 2025 Labor Reform
Colombia
RET-CO-NA-LEY2466-2025
Ley 2466 de 2025 represents a comprehensive labor reform in Colombia, enacted on June 25, 2025, with the primary objective of establishing a framework for decent and dignified work. It introduces significant modifications to the Substantive Labor Code and other key labor laws, focusing on fair remuneration, social dialogue, enhanced social security, and the promotion of formal employment. The law addresses various aspects of employment, including contract modalities, working hours, overtime pay, workplace harassment, and protections for vulnerable populations, aiming to foster a more equitable and stable labor environment across the nation.
Overview
The Ley 2466 de 2025, officially known as the Labor Reform for Decent and Dignified Work in Colombia, was sanctioned and published in the Official Gazette on June 25, 2025, entering into immediate force. This landmark legislation represents a significant overhaul of the country's labor framework, aiming to modernize existing regulations and align them with contemporary standards of social justice and economic equity. The law's core purpose is to modify various articles of the Substantive Labor Code, Law 50 of 1990, and Law 789 of 2002, among other labor norms, to ensure fair remuneration, comprehensive well-being, robust social dialogue, guaranteed access to social security, and the sustainability of employment. It seeks to foster a labor environment that respects workers' rights while simultaneously promoting the creation of formal employment opportunities throughout Colombia.
Historically, Colombian labor law has undergone several reforms, often in response to changing economic conditions and social demands. Ley 2466 de 2025 builds upon this legacy by introducing key innovations designed to address persistent challenges such as precarious employment, gender-based discrimination, and the evolving nature of work, including the rise of digital platforms. The reform was proposed and debated within the Colombian Congress, reflecting a national commitment to strengthening labor protections and promoting a more balanced relationship between employers and employees. Its enactment signifies a pivotal moment in Colombian labor history, setting new benchmarks for worker dignity and corporate responsibility.
The significance of Ley 2466 de 2025 lies in its comprehensive approach to labor reform, touching upon almost every aspect of the employment relationship. It is expected to have a profound impact on both the private and public sectors, influencing hiring practices, wage structures, working conditions, and dispute resolution mechanisms. The law emphasizes principles such as equality of opportunity, stability in employment, and special protection for vulnerable groups, including campesinos, women, and minors. By promoting formal employment and ensuring access to social security, the reform aims to reduce informality and enhance the overall quality of life for Colombian workers, thereby contributing to broader national development goals.
Definitions
Ley 2466 de 2025 introduces or redefines several key terms to clarify its scope and application, particularly in the context of fair remuneration and non-discrimination. One central concept is 'Remuneración Justa' (Fair Remuneration), which is explicitly sought by the law as a fundamental right for workers. While the law modifies existing provisions rather than providing a standalone definition, it implies that remuneration must be equitable, non-discriminatory, and sufficient to ensure a dignified standard of living, taking into account the value of work performed and prevailing economic conditions. This principle underpins many of the law's provisions related to wages, benefits, and equal pay for work of equal value, aiming to close wage gaps and prevent exploitation. The concept extends beyond mere salary to encompass all forms of compensation and benefits received by an employee.
Another crucial term is 'Trabajo Digno y Decente' (Decent and Dignified Work), which serves as the overarching objective of the entire reform. This concept, inspired by international labor standards, refers to work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives, and equal opportunity and treatment for all women and men. The law's articles are structured to achieve this dignity by ensuring fundamental rights, promoting social dialogue, and establishing conditions that protect workers from exploitation and discrimination. It is a holistic concept that encompasses not only economic aspects but also social, psychological, and human rights dimensions of employment.
The reform also implicitly strengthens the definition of 'Igualdad de Género' (Gender Equality) within the workplace, particularly through its emphasis on eradicating all forms of discrimination and violence. While not explicitly defining the term, the law's provisions on fair remuneration, protection against harassment, and special protections for women and mothers contribute to a legal framework that promotes equal opportunities and treatment irrespective of gender. Furthermore, the law reinforces the concept of 'Contrato a Término Indefinido' (Indefinite-Term Contract) as the general rule for employment, aiming to provide greater labor stability. This contrasts with fixed-term or specific-work contracts, which are now subject to stricter conditions and limitations to prevent their misuse as a means of circumventing worker rights and benefits.
Covered Employers
Ley 2466 de 2025 applies broadly to both individual and collective labor relations within the private sector in Colombia. It also regulates collective labor relations in the public sector, with the exception of collective bargaining rights for public employees, which are governed by special norms. This extensive coverage ensures that the vast majority of employers and employees in the country fall under the purview of the new labor reform. The law's provisions are designed to establish a consistent and equitable framework across various industries and organizational structures, promoting standardized labor practices and protections.
While the law generally applies to all employers, it does include specific considerations and, in some cases, exemptions or differentiated application for certain types of entities or situations. For instance, the obligation to update the Internal Work Regulations in accordance with the new disciplinary procedures does not apply to domestic workers, nor to micro and small enterprises with fewer than ten (10) workers, as defined by Decree 957 of 2019. This exemption acknowledges the distinct operational realities and administrative capacities of smaller businesses, aiming to mitigate potential undue burdens while still upholding the broader principles of the reform. However, other core provisions, such as those related to fair remuneration and working conditions, are generally applicable regardless of company size, reflecting the law's commitment to universal labor rights.
The law also addresses specific sectors and types of employment, indicating a nuanced approach to its application. For example, it includes provisions for the formalization of workers in digital platforms, recognizing the unique challenges and opportunities presented by the gig economy. The formalization of "madres comunitarias y sustitutas" (community and substitute mothers) is mandated to occur progressively over a four-year period, with 25% being incorporated annually starting in 2025. This phased-in approach for specific groups or regulations demonstrates the government's intention to ensure a smooth transition and effective implementation, allowing time for adaptation and resource allocation. The law's comprehensive nature means that employers across all sectors must review their current practices to ensure full compliance with the new requirements and timelines.
Employee Rights
Ley 2466 de 2025 significantly strengthens and expands employee rights in Colombia, aiming to provide greater stability, fairer compensation, and enhanced protection against various forms of workplace abuse. A cornerstone of the reform is the prioritization of the indefinite-term contract as the general rule for employment, thereby promoting greater job security. While fixed-term and specific-work contracts remain valid, their use is now subject to stricter conditions, including a maximum duration of four years for fixed-term contracts and limitations on renewals. For existing fixed-term contracts, this four-year limit will be counted from the date the new law entered into force. This change empowers workers with more stable employment prospects and reduces the precariousness often associated with successive short-term contracts.
The reform also introduces substantial improvements in remuneration and working conditions. Employees are granted the right to increased surcharges for work performed on Sundays and holidays, which will progressively rise from the current 75% to 100% by July 1, 2027, with intermediate increases to 80% in July 2025 and 90% in July 2026. Furthermore, the definition of night work is adjusted to begin at 7:00 p.m. instead of 9:00 p.m., ensuring that workers receive appropriate compensation for hours worked during this period. The law also mandates new remunerated licenses for various circumstances, including scheduled medical appointments with specialists and for acting as an accompanying person for certain individuals, provided prior notification is given to the employer. These provisions collectively enhance workers' financial well-being and their ability to balance work with personal and family responsibilities.
Beyond economic rights, the Ley 2466 de 2025 significantly bolsters protections against workplace harassment and discrimination. The definition of workplace harassment is broadened, now recognizing that even a single act can constitute harassment if it causes or is likely to cause physical, psychological, sexual, or economic harm. This expanded scope includes harassment and violence based on gender and extends protection to various work environments, including telework and even domestic spaces for domestic workers. Employees also gain the right to a more robust disciplinary process, which now applies solely to the imposition of sanctions, ensuring due process and allowing workers at least five days to present their defense and evidence. These measures collectively aim to create a safer, more respectful, and equitable working environment for all employees in Colombia.
Pay Transparency Requirements
Ley 2466 de 2025 introduces several provisions that, while not explicitly termed "pay transparency requirements" in every instance, contribute significantly to greater openness regarding remuneration and employment conditions. The law's overarching objective of ensuring "remuneración justa" (fair remuneration) inherently pushes towards a more transparent system where pay disparities can be identified and addressed. Although the search results do not detail specific mandates for salary range disclosure in job postings or the publication of pay scales, the emphasis on equality of opportunity and the eradication of discrimination, particularly gender-based, suggests an underlying expectation for employers to justify and standardize their pay structures. This foundational principle implies that employers should be prepared to demonstrate that their remuneration practices are fair and non-discriminatory, which often necessitates a degree of internal pay transparency.
The reform's focus on modifying the Substantive Labor Code and other related laws to promote "trabajo digno y decente" (decent and dignified work) also indirectly supports pay transparency. A key aspect of decent work is fair income, which requires clarity on how wages are determined and applied. While the law does not explicitly mandate public disclosure of salary ranges for all positions, the strengthened provisions regarding equal pay for work of equal value, if elaborated in subsequent regulations, would necessitate internal mechanisms for evaluating and comparing job roles and their corresponding compensation. Employers will likely need to develop more structured and transparent internal pay policies to ensure compliance with the spirit of the law, especially when facing potential claims of discrimination or unfair remuneration. This could involve internal pay audits or job evaluation schemes, which, while not directly public, increase internal transparency.
Furthermore, the law's general principles, such as fostering social dialogue and ensuring the balance between the rights and duties of employers and workers, create an environment conducive to increased pay transparency. While specific deadlines for implementing new pay transparency mechanisms are not explicitly detailed in the provided snippets, the broader timelines for updating internal regulations (within 12 months of the law's entry into force, i.e., by June 2026) could encompass the development of more transparent pay policies. The law's emphasis on preventing discrimination and promoting equality will likely drive employers to adopt practices that allow for greater scrutiny of pay decisions, even if not through direct public disclosure mandates. This could manifest in clearer internal communication about pay structures, criteria for salary progression, and the elimination of secrecy clauses around wages, fostering an environment where employees are more aware of their rights and the basis of their compensation.
Reporting & Audit Obligations
Ley 2466 de 2025 introduces several obligations for employers that, while not always explicitly termed "pay gap reporting" or "equal pay audits," contribute to a framework of accountability and oversight regarding labor practices, including remuneration. A significant requirement is the obligation for employers to update their Internal Work Regulations (Reglamento Interno de Trabajo) within twelve (12) months following the law's entry into force, which means by June 25, 2026. These updated regulations must align with the new parameters established by the law, particularly concerning disciplinary procedures and potentially other aspects related to fair treatment and non-discrimination. While not directly a pay audit, this update process provides an opportunity for companies to review and formalize their internal policies, including those related to compensation, to ensure they are compliant with the principles of fair remuneration and gender equality promoted by the reform.
The law's strong emphasis on eradicating all forms of discrimination and violence in the workplace, including gender-based violence, implies a need for employers to monitor and evaluate their practices to ensure compliance. While specific mandates for regular pay gap reporting or formal equal pay audits are not explicitly detailed in the provided search results, the spirit of the law suggests that employers, especially larger ones, may be expected to conduct internal assessments to identify and rectify any discriminatory pay practices. The expansion of the definition of workplace harassment to include economic harm and the focus on gender perspective in addressing violence further underscore the need for employers to proactively review their compensation structures. Such internal reviews, even if not formally mandated as "audits," would serve as a critical mechanism for ensuring adherence to the law's principles of fair and equitable remuneration.
Furthermore, the law's provisions regarding the formalization of specific worker groups, such as those in digital platforms and "madres comunitarias," will necessitate reporting on their employment status and adherence to social security obligations. While these are not directly pay equity reports, they contribute to a broader system of labor data collection that can indirectly inform assessments of fair treatment and remuneration across different worker categories. The Ministry of Labor, in coordination with other competent entities, is expected to implement public policies for protection and transition in the face of automation, which could involve data collection and reporting on employment impacts. Although the search results do not specify the frequency or content requirements for formal pay equity reports or the methodologies for audits, the general framework of the law points towards increased scrutiny of employer practices and a potential for future regulatory developments in this area, especially as the implementation of the reform progresses and its effects are monitored.
Governance & Enforcement Bodies
The primary governance and enforcement body for Ley 2466 de 2025 is the Ministry of Labor (Ministerio del Trabajo) of Colombia. This institution is responsible for overseeing the implementation, monitoring, and enforcement of labor laws, including the new reform. The Ministry's role encompasses developing regulations, conducting inspections, investigating complaints, and imposing penalties for non-compliance. It acts as the central authority for ensuring that the principles of decent and dignified work, fair remuneration, and social security access, as enshrined in the law, are upheld across all workplaces in the country. The Ministry also plays a crucial role in promoting social dialogue and coordinating with other governmental entities and social partners to achieve the law's objectives.
In addition to the Ministry of Labor, other governmental bodies and judicial institutions are involved in the broader enforcement framework. The Congress of the Republic of Colombia was responsible for the legislative process of enacting Ley 2466 de 2025, demonstrating its role in shaping labor policy. The judicial system, including labor courts, will be responsible for adjudicating disputes arising from the application of the law, ensuring that workers' rights are protected through legal recourse. The law also mentions the Institute of Colombian Family Welfare (ICBF) in the context of formalizing "madres comunitarias y sustitutas," indicating inter-agency coordination for specific provisions. This multi-faceted approach to governance and enforcement ensures a robust system for upholding labor standards.
The complaint filing process for workers is typically channeled through the Ministry of Labor, which has established procedures for receiving and investigating allegations of labor law violations. Workers can file complaints regarding unfair dismissals, non-payment of wages or benefits, discrimination, workplace harassment, and other breaches of their rights under Ley 2466 de 2025. The Ministry's regional offices and labor inspectors are usually the first point of contact for such complaints. The law's emphasis on due process in disciplinary actions also implies that internal company procedures, overseen by the Ministry, will be critical in resolving workplace issues before they escalate to formal legal proceedings. The coordination between these various bodies is essential for the effective and consistent application of the new labor reform, ensuring that both employers and employees understand their rights and obligations and that mechanisms for redress are accessible and efficient.
Monitoring & Evaluation
The monitoring and evaluation of Ley 2466 de 2025 are critical components for ensuring its effective implementation and achieving its stated objectives of decent and dignified work. The Ministry of Labor is expected to lead these efforts, utilizing its inspection and surveillance powers to verify employer compliance with the new regulations. Inspection procedures will likely involve regular visits to workplaces, review of employment records, interviews with employees and management, and investigation of specific complaints. The law's detailed provisions on working hours, contract types, and remuneration adjustments necessitate a robust monitoring system to detect and address non-compliance. The progressive implementation of certain provisions, such as the increase in Sunday and holiday surcharges, will require ongoing oversight to ensure employers adhere to the specified timelines and percentages.
Complaints filed by workers regarding violations of the new labor reform will trigger investigation procedures by the Ministry of Labor. These investigations are designed to gather evidence, assess the merits of the complaint, and determine appropriate corrective actions or penalties. The expanded definition of workplace harassment, for instance, will require investigators to consider a broader range of behaviors and impacts, including single acts of harm and gender-based violence. The law's emphasis on due process in disciplinary matters also means that the Ministry will scrutinize employer disciplinary procedures to ensure they are fair and comply with legal requirements. The effectiveness of these investigations will depend on the resources allocated to the Ministry of Labor and the training of its personnel in the nuances of the new legislation.
While the search results do not specify a mandatory frequency for formal equal pay audits, the general principles of the law, particularly those related to fair remuneration and gender equality, suggest that employers may be subject to scrutiny in this area. The evaluation criteria for the overall success of the reform will likely include metrics such as the reduction in informal employment, the decrease in wage gaps, the improvement in working conditions, and the effectiveness of mechanisms for preventing and addressing workplace discrimination and harassment. The Ministry of Labor, in coordination with other relevant entities, is also tasked with implementing public policies for protection and transition in the face of automation, which will involve monitoring the impact of technological changes on employment and labor rights. Regular reports on these indicators will be crucial for assessing the law's impact and informing any necessary adjustments or further legislative developments.
Enforcement & Penalties
Ley 2466 de 2025 establishes a framework for enforcement and penalties to ensure compliance with its provisions and to deter violations of workers' rights. While specific fine amounts and penalty ranges are not exhaustively detailed in the provided search results, the law's nature as a reform of the Substantive Labor Code implies that existing penalty structures for labor law infringements will apply, potentially with updates or increased severity for certain new violations. Generally, non-compliance with Colombian labor laws can result in administrative fines imposed by the Ministry of Labor, which vary depending on the severity of the infraction, the number of affected workers, and the employer's size and history of violations. These fines can be substantial, aiming to act as a significant deterrent against practices that undermine the principles of decent and dignified work.
The law's provisions, such as the progressive increase in surcharges for Sunday and holiday work, the new definition of night work, and the stricter rules for fixed-term contracts, will be subject to these enforcement mechanisms. Failure to adhere to these new remuneration standards or to properly classify employment contracts could lead to financial penalties and obligations to compensate workers for unpaid wages or benefits. Furthermore, the expanded definition of workplace harassment and the emphasis on preventing discrimination and violence will likely lead to more rigorous enforcement in these areas. Employers found to be engaging in or tolerating harassment could face significant sanctions, including fines and orders to implement corrective measures. The law also reinforces the due process in disciplinary actions, meaning that employers who fail to follow proper procedures when sanctioning or dismissing employees could face legal challenges and potential liabilities.
In cases of severe or repeated violations, penalties can escalate, potentially leading to more stringent measures beyond monetary fines. While the search results do not explicitly mention criminal liability for labor law violations under Ley 2466 de 2025, certain egregious acts, particularly those involving severe forms of exploitation or violence, could fall under existing criminal statutes. Workers who believe their rights have been violated have the right to appeal administrative decisions and pursue legal action through the labor courts. The appeals process typically involves challenging the Ministry of Labor's findings or sanctions before higher administrative bodies or directly in the judicial system. This multi-tiered system of enforcement and redress aims to provide comprehensive protection for workers and ensure that employers are held accountable for their compliance with the new labor reform.
Relationship to Other Laws
Ley 2466 de 2025 is fundamentally a reformative act, meaning it directly interacts with and modifies several existing Colombian labor laws. Its primary objective is to amend the Código Sustantivo del Trabajo (Substantive Labor Code), which is the foundational legal text governing individual and collective labor relations in Colombia. This means that many articles within the Code have been updated or replaced by the provisions of Ley 2466, creating a new legal landscape for employment. The reform also explicitly modifies Law 50 of 1990 and Law 789 of 2002, both of which previously introduced significant changes to the labor regime, particularly concerning contract types, working hours, and social security contributions. The new law seeks to reverse some of the changes introduced by these earlier laws, such as restoring the 100% surcharge for Sunday and holiday work, which had been reduced by Law 789 of 2002.
The law's relationship with other legislation is one of precedence and complementarity. Where Ley 2466 de 2025 introduces new or amended provisions, these generally take precedence over conflicting clauses in the older laws it modifies. However, the reform also complements existing legal frameworks by strengthening their application or extending their scope. For instance, while it modifies the Substantive Labor Code, it does not entirely replace it; rather, it integrates new principles and regulations into the existing structure. The law also interacts with specific regulations governing public sector employment, clarifying that while it regulates collective labor relations in this sector, the right to collective bargaining for public employees is governed by special norms. This indicates a careful delineation of authority and application across different employment categories.
Furthermore, the reform touches upon areas that intersect with other legal domains, such as social security and anti-discrimination laws. The provisions ensuring access to social security and promoting formal employment complement the existing social security system in Colombia. The expanded definition of workplace harassment and the emphasis on gender equality align with broader national and international efforts to combat discrimination and violence, potentially interacting with civil and even criminal codes in cases of severe misconduct. The law also mandates the updating of Internal Work Regulations, which are internal company documents that must always be in conformity with national labor legislation. This intricate web of interactions ensures that Ley 2466 de 2025 is not an isolated piece of legislation but rather an integral part of Colombia's comprehensive legal system, designed to work in harmony with other laws to achieve its objectives.
International Context
Ley 2466 de 2025 aligns Colombia's labor framework more closely with international labor standards, particularly those promoted by the International Labour Organization (ILO). The law's stated objectives of promoting "trabajo digno y decente" (decent and dignified work), ensuring "remuneración justa" (fair remuneration), and fostering social dialogue directly echo the core principles of the ILO's Decent Work Agenda. Colombia is a member state of the ILO and has ratified key conventions, including Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value (C100) and Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (C111). The emphasis on gender equality, the eradication of discrimination, and fair pay within Ley 2466 de 2025 demonstrates a commitment to fulfilling these international obligations. The broadened definition of workplace harassment, including gender-based violence, further reflects a global trend towards more comprehensive protections against all forms of workplace abuse, consistent with ILO Recommendation No. 206 concerning Violence and Harassment in the World of Work.
The reform also reflects broader global trends in labor law, such as the move towards greater job security and the regulation of new forms of work. The prioritization of indefinite-term contracts and the stricter conditions for fixed-term contracts are consistent with international efforts to reduce precarious employment and provide workers with more stable livelihoods. Furthermore, the inclusion of provisions for the formalization of workers in digital platforms addresses a growing challenge faced by many countries worldwide in adapting traditional labor laws to the gig economy. This aspect of the law positions Colombia among nations that are actively seeking to extend social protection and labor rights to workers in these emerging sectors. While the search results do not explicitly reference the EU Directive on pay transparency, the general direction of Ley 2466 de 2025 towards fair remuneration and non-discrimination suggests a parallel with the principles underlying such directives, which aim to enhance transparency and combat pay gaps, particularly those based on gender. This indicates a convergence of national labor policies with international best practices and evolving global standards for worker protection and equity.
Implementation Timeline
| Date | Milestone | Status |
|---|---|---|
| June 25, 2025 | Ley 2466 de 2025 sanctioned and published in Official Gazette | In Force |
| June 25, 2025 | General entry into force of the Law | In Force |
| July 1, 2025 | Sunday and holiday surcharge increases to 80% | In Force |
| December 25, 2025 | New regulation for diurno (day) and nocturno (night) work enters into force (approx.) | Awaiting Entry |
| June 25, 2026 | Deadline for employers to update Internal Work Regulations (12 months after entry into force) | Awaiting Entry |
| July 1, 2026 | Sunday and holiday surcharge increases to 90% | Awaiting Entry |
| June 25, 2027 | Deadline for government to regulate digital platform work (approx.) | Awaiting Entry |
| July 1, 2027 | Sunday and holiday surcharge increases to 100% | Awaiting Entry |
| 2025-01-01 | Start of gradual formalization of "madres comunitarias y sustitutas" (25% annually over 4 years) | In Progress |
Compliance Checklist
| Requirement | Action Required | Deadline |
|---|---|---|
| Review and update employment contracts | Ensure indefinite-term contracts are the general rule; verify fixed-term and specific-work contracts comply with new duration and renewal limits. For existing fixed-term contracts, track the 4-year limit from June 25, 2025. | Immediate and ongoing |
| Adjust remuneration for Sunday and holiday work | Implement 80% surcharge from July 1, 2025; 90% from July 1, 2026; 100% from July 1, 2027. | July 1, 2025 (first phase) |
| Adjust remuneration for night work | Ensure night work (7:00 p.m. to 6:00 a.m.) is compensated with the appropriate surcharge. | Approx. December 25, 2025 |
| Update Internal Work Regulations | Revise disciplinary procedures and other relevant policies to align with Ley 2466 de 2025. | June 25, 2026 |
| Implement new remunerated licenses | Establish procedures for granting licenses for scheduled medical appointments and accompanying persons. | Immediate |
| Review and update workplace harassment policies | Ensure policies reflect the expanded definition of harassment, including single acts and gender-based violence, and establish clear prevention and reporting protocols. | Immediate |
| Assess telework arrangements | Review and update telework policies to align with new modalities and employer responsibilities, including insurance for transnational teleworkers. | Immediate |
| Formalize digital platform workers (if applicable) | Comply with future government regulations regarding the formalization and social security of digital platform workers. | Within 12 months of government regulation |
| Review apprenticeship contracts | Ensure apprenticeship contracts are treated as special fixed-term labor contracts and comply with new monetization rates for SENA quota. | Immediate |
| Ensure due process in disciplinary actions | Guarantee employees at least 5 days to present their defense and evidence in disciplinary proceedings. | Immediate |
| Monitor and evaluate pay equity | Proactively review compensation structures to identify and rectify any discriminatory pay practices, especially concerning gender. | Ongoing |
| Adhere to reduced prescription period for labor actions | Be aware that the time limit for workers to claim labor rights is now 3 years. | Immediate |
Sources and References
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