Colombia: Decree 0234 of 2026 Introduces a Unified Multilevel Collective Bargaining Framework
Introduction
On 6 March 2026, the National Government issued Decree 0234 of 2026, formally introducing a framework for unified collective bargaining at levels above the individual company, such as group of companies or industry-wide bargaining, among others that may be agreed upon. The decree applies to both private-sector employees and public workers, transforming what had previously been a regulatory proposal into an operative legal framework.
The issuance of the decree marks the beginning of a new stage for labour relations management in Colombia. While legal and constitutional debates regarding its scope are expected to continue, the regulation is currently in force and creates immediate practical implications for companies.
What Remains Unchanged
The company-level collective bargaining model remains in place. The traditional stages of a collective labour dispute—submission of the list of demands, direct negotiation, strike, or arbitration tribunal—continue to be governed by the Colombian Labour Code without modification.
Likewise, key procedural elements such as statutory negotiation timelines, circumstantial union protection, and the automatic extension of collective agreements remain unchanged. Rather than replacing the current framework, the decree introduces additional bargaining levels above the company level and establishes mechanisms for coordination among them.
Key Changes and Legal Questions
One of the most significant aspects of the decree concerns the representativeness of the parties participating in collective bargaining processes. Under the new scheme, representative unions negotiate through a unified commission proportional to the number of affiliated members at the relevant level. Similarly, the most representative employers or employers’ associations will participate in negotiations on behalf of employers.
The decree also grants the Ministry of Labour authority to verify the representativeness of the parties and support the convening of unions and employers’ associations at levels above the individual company. Because this authority is not explicitly established in statutory law, it may become a central point of legal debate and potential litigation.
Practical questions also arise in relation to industry-level bargaining. For example, how union membership will be verified in sectors where multiple unions of different sizes operate, under which criteria the Ministry will validate representativeness, and how companies engaged in multiple economic activities—potentially belonging to different industries—will be classified.
Binding Effects of Sector-Level Agreements
Another provision that has generated particular concern is the general and mandatory application of sector-level collective agreements. Article 2.2.2.7.8 of the decree establishes that agreements concluded at the sector level are binding on all employers and workers within the relevant sector.
As a result, a company could become subject to terms negotiated by actors that do not represent it and within bargaining processes wherein it did not participate. The potential scope of this provision is significant, particularly for companies that currently do not have unions or their own collective agreements.
The decree also provides that non-unionized employees benefiting from sector-level agreements must pay the ordinary union fee, even though they are not union members and cannot opt out of the additional benefits derived from such agreements. This provision enters a complex legal territory, as the decree itself acknowledges that the regulation of union fees is generally a matter reserved for statutory legislation.
Disclosure of Economic Information
The decree further introduces obligations related to the disclosure of financial information during collective bargaining processes. Upon a motivated request by a union, employers must provide aggregated and anonymized financial information regarding their economic situation.
If the employer refuses to provide such information, the refusal must be justified in writing, and any disagreement may be resolved by a joint commission. Without internal protocols governing the handling of such requests, this obligation could expose companies to risks related to the disclosure of sensitive business information or to potential claims of non-compliance.
Preparing for the New Collective Bargaining Environment
Although the decree may be challenged before the Council of State or the Constitutional Court, such proceedings may take considerable time. In the meantime, the regulation remains fully effective.
In this context, companies may consider taking several preparatory steps. One is to map the union landscape within their sector, identifying the organisations operating under the relevant CIIU classification, their membership levels, and their labour coverage. Another is to review existing extra-legal benefits and labour cost structures, assessing how they could interact with a potential sector-wide bargaining floor. Finally, organisations may need to prepare internal teams for more complex bargaining scenarios that involve not only legal considerations but also economic and reputational factors.
Conclusion
Decree 0234 of 2026 introduces a structural transformation in the Colombian collective bargaining system by enabling negotiations at levels above the individual company and establishing mechanisms for coordination across those levels. While the decree’s legality and scope are likely to be the subject of judicial review, its provisions are currently in force and may reshape labour relations dynamics across multiple sectors. For employers, understanding the implications of this new framework and preparing for potential sector-level bargaining scenarios will be essential as the regulatory and judicial debate continues to evolve.
