Colombia: Ministry of Labour proposes significant changes to eight employment regulations
On 16 October 2026, the Ministry of Labour published eight draft decrees proposing to amend or repeal regulations issued during 2025 and 2026. The proposals address several areas of Colombian employment law, including outsourcing, collective pacts, labour inspections, workplace harassment, digital platform work and special employment arrangements.
According to the Ministry, the proposed changes seek to align existing regulations with statutory provisions, correct technical inconsistencies and clarify the limits of the Government’s regulatory authority. Importantly, the drafts do not amend Law 2466 of 2025 (Labour Reform), which remains in force.
These proposals are currently undergoing public consultation and have not yet become legally binding. Consequently, employers must continue complying with the existing regulations until any amendments or repeals are formally enacted.
Outsourcing and Labour Intermediation
One of the most significant proposals is the repeal of Decree 581 of 2026, which currently regulates illegal outsourcing and labour intermediation.
The existing decree introduced a strengthened presumption of employment where workers perform permanent activities through third-party contractors under circumstances that exceed the applicable legal limits. It also established twenty-six indicators to assess the legality of outsourcing arrangements, focusing on contractor autonomy, operational independence and potential subordination to the beneficiary company.
Under the proposed repeal, these specific regulatory presumptions, indicators and the corresponding reversal of the burden of proof would be eliminated. The draft also proposes adjustments to the sanctions applicable to temporary services companies and associated work cooperatives under Decree 1072 of 2015.
However, outsourcing and labour intermediation would remain subject to existing statutory restrictions. Lawful outsourcing would continue to be permitted, while arrangements that conceal employment relationships or constitute illegal labour intermediation would remain prohibited.
For employers, the potential repeal could substantially modify the criteria applied during labour inspections. Nevertheless, companies should continue reviewing contractor independence, the allocation of supervisory authority and the actual performance of outsourced services, as contractual documentation alone does not establish the legality of an arrangement.
Collective Pacts: Proposed Elimination of Additional Filing Requirements
The Ministry also proposes repealing Decree 992 of 2026, which introduced additional requirements for filing collective pacts entered into between employers and non-unionised employees.
Under the current framework, employers must submit extensive documentation demonstrating that the pact results from genuine collective bargaining, including records of negotiations, employer certifications and comparisons between the benefits granted under the pact and those provided by existing collective bargaining agreements.
The decree also allows unions operating within the company to submit observations during the filing procedure and authorises the Ministry to review whether the pact complies with the applicable requirements.
The proposed repeal would eliminate this additional administrative review and restore the filing procedure established in the Colombian Labour Code, under which collective pacts must be executed in writing and filed within fifteen days.
However, existing statutory restrictions would remain applicable, including the prohibition against collective pacts where a union represents more than one-third of the company’s workforce.
Companies currently negotiating or administering collective pacts should continue complying with the existing requirements while monitoring the outcome of the proposed reform.
Labour Inspections and Preventive Measures
Another important proposal concerns Decree 720 of 2026, which regulates preventive measures that labour inspectors may impose during inspection proceedings.
The current decree establishes thirteen preventive measures addressing situations involving occupational health and safety risks, workplace harassment, discrimination, violations of fundamental rights and certain voluntary separation arrangements.
These measures may include the suspension of dangerous activities, temporary relocation of workers, correction of unsafe workplace conditions and immediate intervention in situations involving serious risks to employees.
The proposed amendment would eliminate the existing catalogue of preventive measures and establish a framework requiring inspectors to identify the specific risk justifying each intervention. Measures would need to be reasoned, proportionate, temporary and subject to review through the applicable legal procedures.
For employers, these changes could provide greater clarity regarding the scope of inspectors’ authority. Nevertheless, preventive measures currently remain enforceable, and companies should maintain adequate inspection-response procedures, occupational safety documentation and internal mechanisms for addressing workplace risks.
Workplace Harassment, Violence and Discrimination
Two additional proposals address the regulatory framework governing workplace harassment, sexual harassment, gender-based violence and discrimination.
The proposed amendment to Decree 1040 of 2026 would maintain the existing prevention and victim-protection framework while eliminating certain regulatory presumptions and evidentiary rules.
The draft also seeks to distinguish the legal treatment of workplace harassment, sexual harassment, gender-based violence and discrimination according to their respective statutory frameworks.
Among the proposed adjustments is the removal of the general six-month dismissal protection currently extended to different workplace violence complaints. However, the specific protections established by law for workplace harassment and sexual harassment would remain applicable.
The proposal would also eliminate the automatic suspension of performance evaluations in certain circumstances. Meanwhile, existing statutory guarantees concerning protection measures for sexual harassment victims, including the prohibition against forced confrontation with alleged aggressors, would remain in place.
Separately, the proposed amendment to Decree 405 of 2025 would modify the administrative sanctions applicable to employers who unlawfully dismiss employees protected following sexual harassment complaints.
The draft would eliminate the current minimum fines determined according to company size and establish a sanctioning range of one to 5,000 statutory minimum daily wages, requiring the labour inspector to provide reasons for the amount imposed. It would also allow the affected employee to participate in the administrative investigation.
These proposed changes do not eliminate employers’ obligations to prevent, investigate and address workplace harassment and discrimination. HR departments should therefore maintain appropriate internal policies, confidential reporting channels, investigation procedures and measures protecting employees against retaliation.
Other Proposed Regulatory Changes
The remaining three drafts address specific employment arrangements involving digital platform workers, domestic workers, and journalists and communicators.
Regarding digital platform workers, the proposed amendment to Decree 991 of 2026 would adjust the calculation of social security contributions for independent delivery workers, using 40% of actual platform earnings rather than fixed income brackets. It would also clarify the portion of contributions that may be deducted from workers and revise the implementation timeline.
The proposal concerning Decree 993 of 2026 would modify certain obligations applicable to domestic work, including additional registration requirements and inspection procedures. In particular, it seeks to reconcile labour inspection powers with the constitutional protection of household privacy, while maintaining the obligation to hear domestic workers before imposing disciplinary sanctions.
Finally, the proposed amendment to Decree 660 of 2026 would adjust the special regulatory framework applicable to journalists and communicators. The changes would limit its application to individuals employed under employment contracts in media organisations, remove certain additional requirements concerning life insurance and the right to disconnect, and clarify that managerial positions or positions of trust must be assessed according to the employee’s actual duties.
Conclusions
The eight draft decrees represent a significant proposed adjustment to Colombia’s employment regulatory framework, particularly in areas where the Government has identified potential inconsistencies between existing regulations and statutory law.
Although the proposals may simplify certain administrative procedures and clarify the scope of the Ministry of Labour’s regulatory and inspection powers, they do not eliminate the underlying statutory obligations applicable to employers.
For companies, the proposed changes are particularly relevant to the management of outsourcing arrangements, collective pacts, labour inspections and workplace harassment procedures. However, until the new regulations are formally enacted, employers must continue complying with the existing legal framework.
In this context, HR and legal teams should monitor the final outcome of the regulatory review and assess whether adjustments to their internal policies, contractor relationships and compliance procedures may be necessary. Maintaining compliance with current obligations while preparing for potential regulatory changes will be essential to ensuring an orderly transition.
