The precautionary measure leaves the salary increase without immediate effects.
News Colombia.
In a decision made known in the last few hours, the Council of State ordered the provisional suspension of the decree that established the increase in the minimum wage for 2026, a precautionary measure that temporarily halts its effects while the legality of the rule is thoroughly studied.
The decision does not overthrow the increase definitively, but it does leave it without immediate application until the high court adopts a final determination.
The ruling responds to multiple lawsuits filed against the decree, which question the way in which the Government established the salary increase.
According to the arguments analyzed by the court, there would be possible irregularities in the criteria usedwhich would justify the preventive suspension to avoid legal effects while the process progresses.
Why the Council of State suspended the increase
The central point of the decision is that the decree would have incorporated criteria not expressly provided for in the law to set the minimum wage.
The lawsuits indicate that the Government would have replaced or altered mandatory variables such as:
- Inflation
- Productivity
- Economic growth
- Other legal indicators required to set the minimum wage
Faced with these legal doubts, the court opted for a precautionary measure: provisionally suspend the effects of the decreewithout yet prejudging the final ruling.
How long is the suspension
The suspension is temporary and does not have a fixed datesince it will remain in force while the Council of State studies the underlying case. This means that:
- The increase is not canceledonly frozen.
- The court has yet to decide whether the decree is legal or not.
- The final ruling could take months.
The measure generates immediate effects in the country:
- The increase in the minimum wage remains without provisional application.
- Legal and economic uncertainty arises regarding the final amount.
- The decree loses effect while its legality is analyzed.
- The Government must correct the salary setting process.
However, the decision does not mean that the increase disappearsbut must comply with the established legal parameters.
What should the Government do now
The high court ordered the Government of Colombia to issue a new decree within a maximum period of eight days. This new standard must:
- Strictly comply with the law
- Use mandatory legal criteria
- Correct the aspects questioned by the demands
The Executive must redo the administrative act in record time, which turns this decision into a political, legal and economic challenge.
The case is not closed yet. The State Council can:
- Maintain the increase if it is legal
- Modify the decree
- Declare it void definitively.
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