Is it legal for companies to deduct previously paid amounts from their workers' minimum wage?
The provisional suspension of the decree that set a 23% increase in the minimum wage for 2026 has caused strong concern among millions of workers in Colombia. Faced with this uncertainty, can companies deduct from future paychecks the money they have already paid with this increase?
TL;DR
- Companies cannot legally deduct money already paid to workers based on a temporarily suspended minimum wage increase.
- Payments made while the decree was in effect are considered valid and are legally protected.
- Attempting to deduct previously paid amounts could result in lawsuits, administrative sanctions, and additional costs for companies.
- The Council of State has ordered the government to issue a new decree within eight days, adhering to technical criteria.
- The 23% increase remains in effect until a new, official decree is published.