Suspension of the 2026 Minimum Wage Increase
By means of an order dated February 12, 2026, issued by the Council of State within the framework of the nullity control proceeding currently before such Corporation, the requests for precautionary measures submitted by the claimant and intervening parties regarding the application and effects of Decree 1469 of December 29, 2025 were resolved. Through said Decree, the National Government established the increase of the current legal monthly minimum wage for the year 2026 in the amount of COP 1,750,905, an increase equivalent to approximately 23% of the wage in force the previous year.
The Council of State decided to order the precautionary measure consisting of the provisional suspension of the effects of the challenged Decree, considering that although the Decree described legal parameters set forth in Article 8 of Law 278 of 1996 as part of the basis for determining the percentage of the wage increase, together with the development of the concept of the “vital minimum wage” and certain economic indicators, it did not specifically explain how those variables influenced the determination of the final percentage. suspensión provisional de los efectos del Decreto demandado teniendo en cuenta, que si bien en el Decreto se describieron parámetros legales previstos en el artículo 8 de la ley 278 de 1996 como parte de la fundamentación del porcentaje fijado para el aumento del salario, junto al desarrollo de concepto del ‘‘salario mínimo vital’’, y algunos indicadores económicos, no se explicó concretamente cómo incidieron esas variables en la determinación del porcentaje final.
The Council of State considers that, since the percentage was based on the gap between the minimum wage and the so-called vital wage, the latter does not replace the legal procedure for setting the wage. The Corporation notes that the criterion guiding the justification of the percentage was the vital wage and not the parameters of Law 278 of 1996, which are the governing ones.
As a consequence of the provisional suspension ordered, it was mandated that, within eight (8) calendar days following notification of the order, a Decree must be issued establishing a temporary percentage increase of the legal minimum wage for the year 2026, which shall remain in force until a judgment is issued in the nullity proceeding. It was also stated that, in determining such figures, the National Government must take into account the economic and legal criteria set forth in Law 278 of 1996.
El Consejo de Estado agregó, que The Council of State added that the effects of the provisional suspension will only become effective as of the date on which the decree establishing the temporary percentage increase of the legal minimum wage is published, which must be issued by the National Government. Until this occurs, the minimum wage increase shall continue to apply under the terms of Decree 1469 of 2025. que deberá expedir el Gobierno Nacional. Mientras ello ocurre, el incremento al salario mínimo continuará rigiendo en los términos del el Decreto 1469 de 2025.
Finally, it is worth noting that the provisional suspension of Decree 1469 of 2025 does not produce effects on obligations that were determined based on the minimum wage established therein. Those obligations accrued and paid prior to the publication of the order will not be affected by the suspension. Thus, for example, pension payments delivered to date or wages accrued and paid to workers will not be affected by the precautionary measure of provisional suspension.
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