Colombia: The Constitutional Court Ruling that Declared Collective Bargaining Agreements with Non-unionized Workers are Enforceable

With decision C-288 of 2024, the Court addressed a claim against Articles 481 of the Labour Code. These articles allow collective bargaining agreements with non-unionized workers, even in companies that have unions with one-third or more of the total number of workers at the company not affiliated with the union.

The Constitutional Court will have to publish in the next few weeks, the complete decision of constitutionality of the law. The importance of this ruling lies in the fact that it is the second claim of unconstitutionality that is resolved on Article 481 of the highest labour law of the country and its concordance with the provisions of Conventions 154 and the International Labour Organization (ILO), allowing companies to maintain their benefits schemes already agreed with non-unionized workers and recognizing the right to continue conducting these negotiations under conditions of respect and equity.

For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net