Council of State suspends minimum wage decree for 2026

Colombia's Council of State provisionally suspended the decree setting a 23.7% minimum wage increase for 2026, ordering the Government to issue a new transitory decree within eight days. The action, driven by doubts over technical justification, keeps the original increase in effect until the new rule. Experts and business groups highlight the resulting uncertainty, as the Government stresses upholding labor rights.

Colombia's Council of State, in its Fourth Section, provisionally suspended Decree 1469 of 2025, issued by President Gustavo Petro's Government, which set the 2026 monthly minimum wage at $1,750,905—a 23.7% increase over the prior value—plus a $249,095 transportation subsidy. The ruling stems from shortcomings in the supporting memorandum, which inadequately addressed criteria under Law 278 of 1996, such as the inflation target (projected at 6.4% for 2026 by the Central Bank), productivity, wages' contribution to national income, and 2025 GDP growth.

The court gave the Executive eight days to issue a transitory decree incorporating these factors, while reviewing the merits of the case. Luis Fernando Mejía, CEO of Lumen Economic Intelligence, stated: 'The ruling does not immediately alter the cost shock, but introduces uncertainty that may impact formal hiring and inflation expectations.' Former Finance Minister José Manuel Restrepo added: 'It changes absolutely nothing; it just demands technical rigor in justifying the 23%.'

The Government insists the original decree remains in force until the new one. President Petro said: 'Suspending a vital minimum wage decree risks the Constitution, which does not allow eroding wage purchasing power.' Labor Minister Antonio Sanguino urged: 'This fortnight's pay must include the corresponding adjustment, effective from January 1, 2026.' Business groups like Andi and Fenalco welcome the emphasis on procedure but call for protecting workers; Andi President Bruce Mac Master urged 'maintaining the increase where possible.'

The suspension affects about 70 indexed goods and services, including traffic fines, SOAT insurance, medical consultations, and VIS/VIP housing. January 2026 inflation hit 5.35%, with rises in restaurants (9.01%), health (7.38%), and transport (5.76%). Under the original increase, Colombia would have the region's fifth-highest minimum wage at US$539.6, aiding 11.38 million workers below minimum in 2025. The provisional measure is not retroactive, safeguarding prior payments.

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Realistic courtroom illustration of Colombia's Council of State suspending the 2026 minimum wage decree amid reactions from workers and officials.
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Council of State suspends minimum wage decree for 2026

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The Council of State provisionally suspended Decree 1469 of 2025, which set the 2026 minimum wage at $1,750,905 with a 23.7% increase. The government must issue a new transitory decree within eight days, while the original decree remains in effect until published. Various sectors reacted, from guild support to the executive's defense.

Following the Council of State's suspension of the original decree, the Colombian government issued Decree 0159 on February 19, 2026, provisionally setting the 2026 minimum wage at $1,750,905—a 23% increase from 2025—plus a $249,095 transport subsidy, totaling nearly $2 million. The measure affects 2.4 million workers (impacting ~10 million people) and awaits a final Council ruling.

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Following the Council of State's suspension of the 2026 minimum wage decree, President Gustavo Petro signed a new measure on February 19 from Plaza Bolívar in Bogotá, keeping the wage at $2 million (including transport subsidy) despite the ruling. The signing came amid protests defending the 23%+ increase, as the government pushes for a 'vital wage' by 2027.

Following initial government signals of a 12%+ increase, Colombia's labor unions and pensioners have submitted reservations to the proposed 16% rise for the 2026 minimum wage. Unions demand exceeding inflation to cover family basket costs, citing constitutional and ILO backing, while businesses warn of job losses, higher costs, and political motivations.

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After stalled talks, Colombia's government will decree the 2026 minimum wage on Dec. 29-30, debuting the 'vital minimum wage' for family dignity per ILO standards, President Petro announced. Crucially, it won't mandate raises for salaries above the minimum.

Jaime Alberto Cabal, president of Fenalco, filed a lawsuit with the State Council to temporarily strike down the decree raising the minimum wage by 23% this year. He argues the measure lacks technical backing and violates the legal framework. He warns it could lead to the loss of 772,340 jobs and the closure of numerous small and medium enterprises.

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Following stalled negotiations, Labor Minister Antonio Sanguino confirmed the 2026 minimum wage increase—now incorporating President Gustavo Petro's 'vital minimum wage' for family living costs—will be announced Dec 29-30 and decreed by Dec 31, per ILO standards.

 

 

 

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