Colombia: Ministry of Labour opens eight draft decrees for public comment

At a glance

• On 16 October 2026, the Ministry of Labour opened eight draft decrees for public comment that would change various labour regulations.
• The proposals would repeal two decrees, replace one and amend five others.
• They cover outsourcing, collective pacts, labour inspections, platform workers, sexual harassment at work, domestic workers and journalists.
• These are proposals only and are not yet in force.

On 16 October 2026, the Ministry of Labour opened eight draft decrees for public comment that would change various labour regulations.

The Ministry says the reforms are meant to correct rules and penalties that exceed what the law allows, without removing labour rights or changing the current labour reform.

The public can comment until 9 November 2026.

These are proposals, not rules currently in force. Employers should wait until the final decrees are issued before changing their procedures based on these drafts.

The proposals are set out below.

• Labour outsourcing (Decree 581 of 2026): The decree currently regulates labour outsourcing. It sets fines higher than the law allows and reinstates provisions that the Council of State had already struck down. If it is repealed, illegal outsourcing would remain prohibited and punishable under existing labour law, but without that fine scheme.
• Collective pacts (Decree 992 of 2026): Before a collective pact with non-unionised employees can be filed, the decree currently requires employers to show evidence of genuine bargaining and to notify unions in advance. The proposal would return the filing process to the rules of the Colombian Labour Code. Filing such pacts would remain prohibited where a union represents more than one third of the workforce.

• Preventive measures by labour inspectors (Decree 720 of 2026): The decree currently allows labour inspectors to order immediate preventive measures without these counting as a penalty. Examples include suspending high-risk activities, temporarily relocating staff, separating alleged harassers or ordering a workplace evacuation. The replacement would introduce clearer rules. Each measure would have to be justified, temporary and subject to review, and the available legal remedies would apply.

• App-based delivery workers (Decree 991 of 2026): Social security contributions are currently based on 40% of earnings. Where that 40% is less than the minimum wage, a full minimum wage must be used as the base instead. The proposal would remove that floor, so contributions would always be calculated on each worker's actual platform earnings.
• Sexual harassment at work (Decree 1040 of 2026): The existing prevention and support measures for victims would remain. Psychological care would move to the Occupational Risk Administrator. Presumptions and evidentiary rules that, in the Ministry's view, only a law can create would be removed.
• Dismissal of harassment victims (Decree 405 of 2025): The decree currently fines employers who dismiss victims of sexual harassment at work. The fine would remain, and the severity of the conduct would be expressly added as a criterion for setting the amount. The legal minimums would not change.
• Domestic workers (Decree 993 of 2026): Where there is imminent danger to a domestic worker's life, dignity, safety or health, the inspection team may currently enter a home without authorisation. Under the proposal, the team would no longer enter itself in those cases. Instead, it would immediately notify the police, the Attorney General's Office or another competent authority, which protects the privacy of the home.
• Journalist and communicators (Decree 660 of 2026): The decree currently governs the labour and social security rights of journalists, communicators and related professionals. The proposal would align the rules with Law 2466 of 2025 and prevent the decree from creating obligations beyond those established by Congress. It covers:
• a 42-hour weekly cap;
• flexible shifts for round-the-clock media outlets;
• employer-provided protective equipment; and
• management of risks such as threats, harassment and psychosocial risk.