Colombia: 2026, Looking Ahead

Several regulatory and policy developments are expected to significantly shape the Colombian employment landscape in 2026. Employers should anticipate increased labour costs, material procedural changes in labour litigation, and the continued implementation of the 2025 Labour Reform, all of which will require proactive planning and timely adjustments to employment structures and compliance strategies.

1. Likely Double-Digit Increase in the Minimum Wage for 2026

A central issue for 2026 will be the statutory minimum wage adjustment. Under Colombian law, the minimum wage is updated annually as of January 1, either through agreement within the Permanent Commission for Wage and Labour Policy Consultation or, in the absence of consensus, by government decree.

Recent trends point toward a continued policy of real wage increases. Since 2022, minimum wage adjustments have consistently exceeded inflation. In 2025, the increase was set at 9.53%, compared to an inflation rate of 5.20%. For the 2026 negotiation, the National Government has publicly signalled its intention to adopt an increase close to two digits, around 11%, while the main union confederations have also announced a unified proposal in the range of 10%. Employer associations, on the other hand, have urged moderation, emphasizing the cumulative impact of minimum wage increases on total labour costs.

Given that agreements are reached only sporadically and that many past adjustments have been set by decree, there is a meaningful likelihood that the 2026 increase will ultimately be determined unilaterally by the government. A double-digit increase would have a direct impact on payroll budgets and on all obligations indexed to the minimum wage, including social security contributions, statutory benefits, and certain labour surcharges, making early cost planning critical for employers.

2. Entry into Force of the New Labour and Social Security Procedural Code

A major procedural change will take effect in 2026 with the entry into force of Law 2452 of 2025, which adopts the new Labour and Social Security Procedural Code. The new code seeks to modernise labour litigation by incorporating technological tools and virtual proceedings, strengthening access to justice and improving procedural efficiency.

Among its main innovations, the code establishes an autonomous framework for the use of information and communication technologies (ICT) in judicial proceedings, eliminates single-instance processes in favour of a double-instance system, refines jurisdictional rules, and introduces stricter procedural consequences for failing to respond to claims or comply with procedural requirements. It also formally incorporates precautionary measures in ordinary labour proceedings, provides for early judgments, and creates an autonomous regime of nullities, reducing reliance on the General Code of Procedure.

The new code will enter into force on April 2, 2026. Proceedings initiated before that date will continue under the procedural rules in effect at the time of filing, ensuring a transitional regime. In preparation, the Consejo Superior de la Judicatura is tasked with implementing a training program for judges, court officials, and litigating attorneys, which will be key to ensuring a consistent application of the new procedural framework.

3. Continued Implementation of the 2025 Labour Reform (Law 2466 of 2025)

Throughout 2026, employers will continue to face the practical effects of the Labour Reform enacted through Law 2466 of 2025, which amended several core provisions of the Colombian Labour Code. The reform aims to promote job stability, adapt labour regulation to new forms of work, and strengthen protections for vulnerable groups.

Key changes include the prioritisation of open-ended employment contracts as the general rule, the imposition of a maximum duration for fixed-term contracts, and stricter requirements for project-based contracts, with reclassification risks if those requirements are not met. The reform also modifies working time rules by redefining daytime and nighttime hours, extending the period subject to night surcharges, and gradually increasing the surcharge for work performed on rest days and holidays up to 100% by July 2027.

In addition, the reform reclassifies apprenticeship arrangements as employment contracts, triggering full social security coverage and entitlement to statutory benefits. It removes the requirement for prior authorisation to perform overtime, while reinforcing employers’ recordkeeping obligations, establishes minimum procedural stages for disciplinary processes, and introduces a regulatory framework for digital platform work, allowing for either an employment relationship or an independent arrangement under special statutory rules.

These changes will require employers to continue reviewing and adjusting their hiring models, internal policies, working time arrangements, and disciplinary procedures to ensure compliance and manage increased labour costs.

Conclusion

 

Taken together, the expected minimum wage increase, the entry into force of a new labour procedural framework, and the ongoing implementation of the 2025 Labour Reform point to a year of heightened regulatory intensity in Colombia. For employers, 2026 will demand careful budgeting, procedural readiness for labour litigation, and sustained compliance efforts across the employment lifecycle. Early planning and strategic alignment of HR, legal, and operational teams will be critical to navigating this evolving landscape effectively.