Decree 234 of 2026: Transformations of the Collective Bargaining System

These measures are issued under the constitutional and legal powers, particularly those conferred by numeral 11 of Article 189 of the Political Constitution, and in development of Articles 374 (numeral 2), 432, 433, 434, 467, and 468 of the Substantive Labor Code, as well as Laws 27 of 1976 and 524 of 1999, which approved ILO Conventions 98 and 154, respectively.

From the referenced decree, we highlight primarily the following provisions:

• Substitution of Chapter 7 of Title 2, Part 2, Book 2 of Decree 1072 of 2015, introducing the unified multi-level collective bargaining regime. The previous regulation is replaced, creating a new regime called Unified Multi-Level Collective Bargaining, introducing a regulatory structure governing: (i) the purpose, scope, and levels of bargaining; (ii) union and employer representativeness; (iii) inter-level coordination; and (iv) the special regime for MSMEs.
• Definition of rules for inter-level coordination, minimum protection floor, and adaptability clauses between sectoral and company-level collective agreements. Mandatory mechanisms are created to align sectoral conventions with company-level conventions, requiring that sectoral conventions contain ordering clauses, establishing the framework that lower-level agreements must follow. Likewise, a sectoral minimum floor is defined, which cannot be reduced by company agreements. Finally, adaptability clauses are defined, authorizing only those adjustments expressly allowed by the sectoral convention.
• Establishment of objective criteria for union and employer representativeness in higher-level negotiations. For the first time, a clear and objective framework is created to determine participation at the higher-level bargaining table, including:
• For unions: (i) representativeness strictly based on the number of affiliates at the negotiated level; (ii) proportional composition of the bargaining committee; and (iii) guaranteed minimum participation for minority organizations.
• For employers: (i) business coverage according to ISIC; (ii) labor coverage; (iii) economic incidence; (iv) minimum institutional stability of 3 years; and (v) documented participation in social dialogue.
• Establishment of the effects, scope, and mandatory nature of sectoral conventions. Sectoral conventions become mandatory for all employers and workers at the corresponding level. Likewise, entering into agreements that neutralize the higher-level convention, or agreements intended to circumvent compliance, is prohibited.

Additionally, a fee for non-unionized workers benefiting from the convention is established, which shall be “equivalent to the ordinary fee paid by members of the union holding the convention.” Likewise, regarding multi-individual agreements, it is stated that these agreements “may only be entered into when there is no union organization in the corresponding sector or level,” meaning they are only permitted in the total absence of unions within the bargaining level.

• Definition of special rules for MSMEs, guaranteeing participation, adaptability, and sustainability. Conventions are required to include differential regimes for MSMEs based on: (i) special representation through trade associations or chambers of commerce; (ii) mandatory clauses such as gradual implementation, adaptability, substitution with equivalent benefits, and reasonable caps on economic impact; and (iii) reiteration of the obligation to preserve the minimum protection floor.
• Clarification regarding legitimate bargaining parties, coordination mechanisms, and guidelines for the submission of unified bargaining proposals. The order of union organizations and employers for submitting a single higher-level bargaining proposal isestablished, meaning that unity of proposal and unity of bargaining committee are required, obligating unions to prepare a harmonization matrix when no agreement exists.

Limits are established on the number of table participants, allowing union coalitions to increase representation, and requiring that the proposal be presented to the most representative employers at the level. 

The scope and complexity of Decree 234 of 2026 require you to evaluate the position of your company or organization in relation to the new multi-level collective bargaining scheme. Our team can support you with specialized advisory services to analyze the impact of these provisions and guide you in their proper implementation.