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.
Colombia's Council of State issued a precautionary measure provisionally suspending Decree 1469 of 2025, issued on December 29, 2025, which established a 23.7% increase in the minimum wage for 2026, setting it at $1,750,905 plus a transport subsidy of $249,095, totaling nearly $2 million. This decision responds to lawsuits alleging the increase did not meet technical criteria such as inflation, productivity, and business payment capacity, per Law 278 of 1996.
The court ordered the National Government to issue and publish a new transitory decree within eight calendar days, fully applying constitutional and legal parameters, including the inflation target, GDP growth, and wages' contribution to national income. The suspension does not affect vested rights, such as payroll and pension payments made under the original decree, which remains in force until the new one is published.
Labor Minister Antonio Sanguino convened the Permanent Commission for Wage and Labor Policy Consultation for February 16, 2026, at 10:00 a.m. at the Ministry, by instruction from President Gustavo Petro. Sanguino called the decision 'precipitated and outrageous for workers' and announced legal actions to defend the 'vital wage' ordered by Article 53 of the Constitution. Petro stated: 'I will respect its decision but act according to the constitution,' and defended that the decree included all economic criteria.
Guilds like Fenalco, led by Jaime Alberto Cabal, supported the suspension, arguing that 'the illegality of the decree was evident' and it protects the Constitution and formal employment, estimating 772,340 jobs at risk. Acopi expressed concern over legal uncertainty affecting microenterprises, which mostly hire minimum wage workers. The Andi, headed by Bruce Mac Master, did not sue but urged mitigating effects on inflation and employment.
Interior Minister Armando Benedetti labeled it a 'political decision' and promised an appeal, assuring the increase would be paid on February 28. Dane data shows 2.4 million workers earn exactly the minimum wage, impacting vulnerable sectors like SENA apprentices and soldiers.
This measure leaves about 60-70 goods and services indexed to the minimum in limbo, such as educational fees and medical consultations.
