In brief
The Council of State provisionally suspended the effects of Decree 234 of 2026, which regulated unified collective bargaining at levels above the company level. According to the decision, the Government had regulated essential aspects of this model without sufficient legal basis. This conclusion is preliminary and does not prejudge the final decision on the legality of the decree. The final analysis of the decree’s legality will be addressed in the substantive ruling to be issued by the Council of State.
Key points
The Council of State provisionally suspended the effects of Decree 234 of 2026
While the preliminary injunction remains in effect, the provisions of Decree 234 of 2026 may not be applied. The suspension covers the entire model regulated by the decree, including its rules on bargaining levels, representativeness, bargaining unit and bargaining table, coordination among collective bargaining agreements, and adaptability mechanisms.
The Decree established a comprehensive multi-level collective bargaining model without sufficient legal basis
Decree 234 of 2026 regulated a collective bargaining model that transcends the scope of the individual company, providing for its implementation at the level of a group of companies, an industry or sector of activity, or any other level higher than the company level agreed upon by the parties in accordance with their representativeness.
The Council of State preliminarily held that these matters could not be directly defined by a regulatory decree, as they affect essential elements of the collective bargaining system, the regulation of which falls within the purview of Congress.
According to the Council of State, the regulation did not merely recognize the possibility of negotiating at these levels, but also established the rules governing their operation and coordination with company-level bargaining, as well as the effects of the agreements reached at each level, including the formation of a single bargaining committee and a single set of terms, the determination of the parties and their representativeness, coordination among the different levels of bargaining, and the establishment of minimum protection standards.
The provisional suspension does not imply a final decision on the legality of the Decree
The Council of State clarified that the analysis conducted pertains solely to the review of an interim injunction. Therefore, these conclusions are preliminary and do not necessarily foreshadow the decision that will be reached in the judgment that will rule on the merits of the actions for annulment filed against the Decree.
Practical recommendations
Companies should:
- Individually evaluate any union request related to negotiations at the corporate group, industry, sector, or other level higher than the company level.
- Adapt their collective bargaining strategies to the currently applicable framework and monitor the progress of the legal proceedings and the final ruling issued by the Council of State.
Baker McKenzie’s Employment and Compensation team is available to analyze the impact of this decision on ongoing or planned collective bargaining processes.
Download the Spanish version of Colombia: Decree on Higher-Level Collective Bargaining Suspended.