Salario mínimo de 2026: trabajadores y pensionados criticaron al Consejo de Estado ante acuerdos con los empresarios

The Council of State has provisionally suspended the decree from the government of Gustavo Petro that established a 23.7% increase in the minimum wage for 2026 in Colombia. The high court argued that the declared increase did not adhere to the technical criteria required by law, such as inflation and productivity. Instead of using these standards, the Colombian government referred to concepts like “vital salary” and “material sufficiency gap,” departing from traditional legal references.

According to Law 278 of 1996, the minimum wage must be calculated using mandatory parameters such as the inflation target, productivity, and GDP growth. The Council of State found that the proposed increase significantly exceeded these indicators, rendering the motivation incompatible with current legislation.

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The judicial authority ordered the Executive to issue a new decree within a maximum of eight days, strictly adhering to the technical criteria of the law. Meanwhile, the previous minimum wage amount will remain in effect, preserving the labor conditions for millions of workers.

Following the meeting of the Concertation Commission on February 16, CUT President Fabio Arias criticized the judicial intervention and defended the concertation mechanism. “It will not be the Council of State that tells us, through a mathematical formula, that the increase in the minimum wage is this,” he stated at a press conference.

The union leader emphasized the legitimacy of collective bargaining to set the minimum wage. “Otherwise, what is the purpose of the Concertation Commission? I believe the Council of State is completely wrong in its assessments; it has disregarded the ruling of the Constitutional Court that defines the precedence in setting the minimum wage,” added the CUT president.

Additionally, in a video following his meeting with journalists, he stressed that determining the salary should remain a product of dialogue among employers, workers, and the Government. “The main element in establishing a minimum salary is this negotiation, but obviously, if there is no agreement, the president can make any decision he wants,” he explained.

For him, the president’s authority to set the amount should only be utilized if consensus is not reached. “This is what we continuously tell the employers. It is beneficial for you to reach agreements with us in the government of Gustavo Petro and in the upcoming popular and democratic governments, rather than waiting for the president to mandate it,” he pointed out.

He underscored the importance of safeguarding the tripartite concertation mechanism. “They did not take it into account, but that will be the natural setting we will continue to defend,” he pointed out. He also addressed the immediate impact of suspending the minimum wage increase.

He stated that the National Unit Command, comprised of the three labor unions, CUT, CGT-CTC, and the two pensioner confederations, reiterated to the national government and in the National Concertation Commission that the government must issue a new decree, as ordered by the Council of State’s ruling, reflecting the same 23.7% increase in the minimum vital salary.

For Arias, the minimum wage already paid represents an acquired right that should not be reversed. “We consider it an acquired right because it has been paid and recognized for nearly five million Colombians, whether as minimum wage workers or as pensioners receiving minimum wage pensions,” he added, noting that this is a simple act of recognition that cannot be retracted, as the Council of State’s ruling attempts to suggest.

He emphasized that the social benefit extends to five million individuals, whether through wages or pensions. He argued that the payments made are rights protected by Colombian labor legislation.

Regarding the reactions from economic sectors and business groups, Arias asserted that several organizations support maintaining the adjustment at the same percentage. “We must acknowledge that various economic groups indicated that, given the reality, they would not oppose reinstating that same 23.7%,” he noted.

However, he recognized that there is no consensus among all employers, which hindered reaching a collective decision. “In fact, the meeting today of the Concertation Commission served to highlight an important aspect from some employers. Unfortunately, not all were on board, which could have prevented any situation as proposed by both the government and us in the National Concertation Commission,” clarified Arias.

The president of the CUT believes that a complete agreement in the commission would have avoided the current “judicial conflict” and transferred the decision back to the political arena. “Let’s make an agreement and send this decision to the Council of State, and it should be one that the Commission of Concertation considers, and for that reason, the Council of State should not continue in a state of judicial competition to annul the minimum wage decree,” he expressed.

During the session of the Concertation Commission, Minister of Labor Antonio Sanguino expressed support for maintaining the 23.7% adjustment and defended the concept of a vital salary. “The dialogue between economic sectors and labor unions was conducted openly. Both parties support maintaining the 23.7% wage increase,” stated the official. He also emphasized the executive’s official stance on the vital salary, aiming to ensure dignified working conditions for all workers.

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Furthermore, Finance Minister Germán Ávila reiterated that the vital salary is an acquired right for workers and pensioners. He emphasized the collective effort of unions, the Government, and social entities in reaching a pact for life, aimed at promoting greater equity, social justice, and reducing gaps.

Ávila called for the preservation of social advancements and turning salary determination into a mechanism for strengthening equity. He appealed to the responsibility of organizations and authorities to avoid setbacks in the country’s labor achievements.

In conclusion, Fabio Arias urged the Government to issue a new decree that confirms the previously established adjustment percentage. He warned of the risk that judicial channels might replace social dialogue in setting the minimum wage. The union leader insisted that defending collective bargaining will be a priority in the actions of labor organizations.