In brief
Through Decree 992 of 2026, the National Government amended the regulations governing collective bargaining agreements with non-unionized personnel, incorporating new definitions and requirements for their execution and filing with the Ministry of Labor, and granting greater oversight powers to the labor authority. These amendments will have an impact on both companies that currently have collective bargaining agreements with non-unionized personnel and those considering entering into, renewing, or extending such agreements in the future.
Key points
1. Definition
The decree states that a collective bargaining agreement (with non-unionized employees) shall be understood to mean “any agreement entered into between an employer and a group of non-unionized employees to establish terms and conditions of employment and work, regardless of the formal designation given to this multi-party agreement, or whether it is set forth in one or more instruments.” This new definition opens the door for other instruments to be formally considered collective bargaining agreements.
2. Collective bargaining agreements must be the result of a formal negotiation process
The decree incorporates requirements designed to verify that the collective bargaining agreement arises from a genuine negotiation process between the employer and non-unionized employees. To this end, it requires, among other documents, evidence of the employee’s approval of a petition sheet, the appointment of a negotiating committee with full powers, the establishment of a negotiating table, and the signing of minutes documenting the progress and conclusion of the direct settlement stage. In practice, these requirements mean that the conclusion of new collective bargaining agreements, as well as their renewal or extension, require greater planning and documentary support than has traditionally been required.
3. The Ministry of Labor assumes a more active role in the filing of collective bargaining agreements
The decree establishes that the Labor Inspector must verify compliance with legal and constitutional requirements before a collective bargaining agreement is filed. Among other things, the inspector must verify that no union represents more than one-third of the company’s employees, that the agreement is the result of a genuine negotiation process, and that the documentary requirements set forth in the regulation are met. Thus, the filing process is no longer an essentially formal procedure but now involves a substantive review by the labor authority.
4. New reporting obligations for companies
As part of filing the application, companies must provide specific certifications and comparative analyses, including information on the number of employees, the existence of labor unions, and a comparison between the benefits provided for in collective bargaining agreements with unionized employees and those established in collective bargaining agreements with non-unionized employees. Additionally, a comparative analysis of economic and non-economic benefits must be submitted, including the impact associated with the payment of union dues.
5. Scrutiny of plans and benefits that may function as collective bargaining agreements is expanded
One of the most significant changes is that the labor authority may review plans, programs, unilateral benefits, or other arrangements implemented by employers when it considers that, due to their characteristics or effects, they could be treated as a collective bargaining agreement, regardless of the name given to them. In such cases, the Ministry may request information from the employer and verify compliance with the requirements set forth in the new regulations.
6. Refusal to file may lead to subsequent administrative proceedings
When the Labor Inspector determines that the requirements set forth in the decree are not met, he or she may refrain from registering the collective bargaining agreement. In such cases, the Inspector must refer the matter to the Ministry’s inspection, monitoring, and control departments so that they may assess whether to initiate administrative investigations into alleged violations of freedom of association, the right to form unions, or collective bargaining. Additionally, the decree provides for the possibility of submitting copies to the Attorney General’s Office when there is reason to believe that a collective bargaining agreement was implemented with the intent to prevent or hinder the exercise of the right to form unions.
7. The new rules apply to both new agreements and renewals and extensions
The decree does not only affect collective bargaining agreements entered into in the future. Its provisions will also apply to collective bargaining agreements that are renewed or extended after the decree takes effect.
Practical recommendations
Companies that currently have collective bargaining agreements should review in advance the internal processes they will use for future renewals or extensions, keeping in mind that these will also be subject to the new requirements established in the decree. Likewise, it is advisable to assess whether there are any benefit plans, incentive programs, or other initiatives targeting groups of employees that, due to their structure or effects, could be considered by labor authorities as equivalent to collective bargaining agreements.
Companies considering entering into new collective bargaining agreements should first verify that they have adequate mechanisms in place to document each of the stages required by the new regulation, including procedures related to the submission of the list of demands, the formation of negotiating committees, and the conduct and conclusion of negotiations. It is also advisable to keep information up to date regarding the workforce structure, the benefits provided by the company, and the supporting documentation necessary to respond to any requests for information from the Ministry of Labor.
Finally, companies that currently have collective bargaining agreements in effect should promptly assess the impact that the new requirements could have on future renewals, extensions, or amendments to those agreements.
For more information, please refer to Decree 992 of 2026 at the following link: Decreto 992 de 2026.
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