The National Federation of Merchants (FENALCO) has expressed concern over two draft decrees from the Ministry of Labor that aim to implement measures previously rejected by Congress during the labor reform process. According to FENALCO, these actions could undermine the separation of powers by assuming responsibilities that belong to Congress.
Jaime Alberto Cabal, president of FENALCO, described the Ministry’s move as a “serious overreach” and stated: “These initiatives violate the principle of legality, exceed regulatory authority and seek to reintroduce, without any competence, profound changes that can only be discussed and approved by the legislature.”
One of the proposed decrees would allow a single union to negotiate on behalf of an entire economic sector. This would require companies and workers who did not participate in negotiations to accept agreements and pay union dues regardless of membership status. It would also compel companies to provide sensitive economic information without legal basis. “These measures reintroduce, by decree, proposals that Congress discarded, undermine freedom of association and transform collective bargaining without regulatory support,” said a spokesperson for FENALCO.
The second draft decree targets outsourcing practices. It includes provisions previously rejected by lawmakers such as presuming illegality in business outsourcing when contractors lack their own organization or specialized production structure—categories not defined in law. The decree also proposes strict limits on Temporary Services Companies (EST), barring them from permanent activities and capping temporary workers at 10%, both measures explicitly denied by Congress. Other points include so-called preventive measures like suspending civil and commercial contracts, mandatory hiring of personnel, and shutting down business activities—all without proper legal authorization.
“These provisions penalize legitimate business organization schemes and transfer judicial functions to the administration without legal backing,” added FENALCO’s spokesperson.
FENALCO noted it is especially concerning that these decrees are being considered during judicial recess and ahead of elections, which may hinder immediate oversight by the Council of State and allow legally unsupported rules to take effect at a sensitive time for Colombia’s economy and politics.
FENALCO called for an immediate halt to these decrees’ issuance and insisted that any major changes to labor regulations should be debated in Congress: “The country deserves decisions made with transparency, technical rigor and respect for democratic institutions,” concluded Cabal Sanclemente.
