Colombia: Decree 992 of 2026 Introduces New Filing Requirements and Greater Oversight of Collective Pacts
Introduction
On 4 August 2026, the Ministry of Labour issued Decree 992 of 2026, which adds Chapter 12 to Book 2, Part 2, Title 2 of Decree 1072 of 2015 and establishes new requirements for the deposit of collective pacts. The purpose of the new framework is to prevent these arrangements from being used to undermine the rights to freedom of association and collective bargaining.
Decree 992 of 2026 does not prohibit or eliminate collective pacts. Under Article 481 of the Colombian Labour Code and Constitutional Court Decision C-288 of 2024, collective pacts may still be entered into with non-unionised employees, even when one or more collective bargaining agreements coexist within the same company, provided that they do not undermine freedom of association or collective bargaining rights.
New Requirements for Filing Collective Pacts
Decree 992 of 2026 introduces more demanding documentary requirements for the deposit of collective pacts with the Ministry of Labour.
The deposit application must include the minutes of the assembly convened by non-unionised employees, reflecting approval of the list of demands and identifying the elected negotiators, together with the list of employees who attended the assembly. The minutes of the opening of the negotiation process must also be submitted, as well as the final minutes of the direct negotiation stage identifying the matters agreed upon and those on which no agreement was reached.
The employer must additionally certify: (i) that the benefits granted under the collective pact are not equal, equivalent, or superior to those provided under the applicable collective bargaining agreement; (ii) the number of members of each union, based on union dues deductions; and (iii) the company’s total number of employees at the time the collective pact is executed.
Companies must also submit a comparison of the economic and non-economic benefits provided under the collective pact against each collective bargaining agreement that coexists within the company, including the total cost associated with union dues.
Greater Participation of Unions and Documentary Burden on Employers
The new procedure gives unions with a presence in the company a direct role in the deposit process. Once a collective pact is submitted for filing, the Labour Inspector must notify the unions operating within the company, which will have three business days to submit observations.
The Ministry of Labour will determine whether the requirements for deposit have been met based primarily on the documentation submitted by the employer. This makes it particularly important for companies to prepare a complete and consistent documentary record before initiating the deposit process.
For purposes of deciding whether the collective pact may be filed, the Ministry must verify that there is no majority union within the company, that the pact is the result of a genuine collective bargaining process, and that, when considered as a whole, its benefits are not equal, equivalent, or superior to those contained in one or more collective bargaining agreements.
The Ministry must also separately assess whether the payment of union dues creates a difference that could cause the collective pact to operate as an incentive capable of undermining freedom of association.
Deposit Becomes an Administrative Review Process
Under the new framework, depositing a collective pact is no longer limited to the submission of the agreement for deposit. It becomes an administrative review process through which the Ministry of Labour assesses whether genuine bargaining occurred and whether the benefits applicable to unionised employees remain superior.
The Labour Inspector has fifteen business days to decide whether to accept or deny the filing. If the deposit is refused, the collective pact will be inopposable to employees.
This enhanced review makes the quality and consistency of the supporting documentation particularly relevant, as the Ministry’s decision will depend on whether the employer can demonstrate compliance with each of the conditions established by the decree.
Control of Arrangements Equivalent to Collective Pacts
Decree 992 of 2026 also extends the Ministry’s oversight beyond instruments formally identified as collective pacts.
Plans, programmes, unilateral benefits, or other arrangements that, because of their nature, content, or effects, operate in practice as collective pacts with non-unionised employees may also be subject to review.
In these circumstances, the Ministry of Labour may require the employer to submit the relevant instruments within a period not exceeding fifteen days. The Ministry may then verify compliance with the same requirements applicable to collective pacts, including the employer certifications and the comparison of benefits with existing collective bargaining agreements.
Potential Referral to Criminal Authorities
The decree also introduces a potential criminal-law consequence within the filing procedure.
If, during its review, the Labour Inspector determines that the employer implemented the collective pact for the purpose of preventing or hindering the exercise of freedom of association, the Inspector must refer the matter to the Office of the Attorney General (Fiscalía General de la Nación) for investigation of the conduct described in the second paragraph of Article 200 of the Criminal Code.
Practical Considerations for Employers
The new framework significantly increases the importance of preparing the collective pact process before deposit. Companies should ensure that the employee assembly, election of negotiators, bargaining process, direct negotiation stage, and final agreement are properly documented and internally consistent.
Where collective bargaining agreements coexist with a collective pact, particular attention should be given to the required comparison of economic and non-economic benefits and to the certifications that the employer must provide regarding union membership, workforce size, and the relative value of benefits.
Companies should also review unilateral benefit plans, programs, and similar arrangements applicable to non-unionised employees, as the Ministry may subject instruments that operate in practice as collective pacts to the same deposit and review requirements.
Conclusions
Decree 992 of 2026 does not eliminate collective pacts in Colombia, but it substantially changes the process through which they are deposited and reviewed by the Ministry of Labour. The new framework introduces broader documentary requirements, direct participation by unions in the deposit process, substantive review of the bargaining process and benefit structure, and oversight of other arrangements that may operate as collective pacts in practice.
For employers, the filing of a collective pact will therefore require a more robust documentary record and a careful assessment of its interaction with existing collective bargaining agreements and union rights. The Ministry’s expanded review powers, together with the possibility of refusing the deposit and referring certain cases to criminal authorities, make preparation and consistency throughout the bargaining and filing process particularly important.
