The Labor Directorate changed its position. Through Ruling No. 264/22, of May 2026, the enforcement authority once again required that the classification of minimum services and emergency teams be resolved before the start of any formal collective bargaining. The ruling abandons the criterion maintained during 2025, which allowed the process to begin without that classification. The new reading of article 360 of the Labor Code directly affects companies with newly formed unions and those that had processes underway without yet having the classification resolution.
What happened
Ruling No. 264/22, of May 2026, reinterprets the point in time when the classification of minimum services and emergency teams must be resolved. For the Labor Directorate, that resolution is now a prerequisite for the formal collective bargaining procedure. The authority bases this shift on the text of article 360 of the Labor Code. The rule requires that the services essential for people’s safety, the protection of assets and facilities, and the prevention of environmental or health damage be defined before the parties enter the discussion period. Without that definition, the ruling states, there is no framework for the union and the company to set the terms of any possible strike. The ruling orders the suspension of bargaining processes that were initiated without prior classification. The suspension remains in place until the competent Labor Inspectorate or the Directorate itself issues the resolution classifying the minimum services. Once that classification is resolved, the procedure resumes and preserves the effects already produced. The ruling expressly reconsiders the previous doctrine, which allowed bargaining while the classification was being processed in parallel. With this, the Labor Directorate returns to a stricter position regarding the timing of the procedure and restores article 360 to its role as a prior filter.
What it could mean for your company
If your company has an active union and never requested the classification of minimum services, Ruling No. 264/22 changes the scenario. Any future formal collective bargaining process will require that resolution to be final before the draft agreement is submitted. The absence of the procedure is no longer a defect that can be cured in parallel: it is a threshold obstacle. The impact is concentrated in three groups. First, companies with newly formed unions that intend to bargain for the first time. Second, companies with bargaining processes underway as of May 2026 that do not have the classification. Third, companies whose prior classification became outdated due to production, technological, or staffing changes that alter the essential services originally defined. The deadlines in article 333 et seq. of the Labor Code do not accommodate lengthy proceedings. The classification of minimum services may take several months, considering the company’s response, the union’s position, and the administrative resolution. That duration, added to any appeals, affects the internal planning of any bargaining process. The suspension ordered by the ruling has a favorable side for your company. It preserves the effects already produced in the interrupted bargaining, avoiding restarting the count from zero. Even so, a prolonged suspension generates operational friction and extends uncertainty regarding the working conditions applicable to the group. There is an additional risk. Labor Directorate inspections could detect, during inspections or upon union complaints, bargaining processes being handled without prior classification. That exposes the company to administrative sanctions under article 506 of the Labor Code and to findings that may later be invoked in court.
What you can do
- Take an internal inventory. Identify whether your company has a valid minimum services classification resolution, on what date it was issued, which positions it covers, and whether the current workforce remains consistent with that definition. If the classification is old or does not exist, it is worth making the diagnosis now.
- Anticipate the request before the competent Labor Inspectorate. Article 360 of the Labor Code allows it to be filed by mutual agreement with the union or unilaterally when no union organization exists. A technical request, with operational and safety support, reduces the room for objections and speeds up the resolution.
- Review upcoming collective bargaining processes. If your company expects to bargain in the next 18 to 24 months, the classification must be resolved before the union submits the draft agreement. The same applies if there are unions in formation that have not yet submitted a draft, where the six-month period from constitution to bargain for the first time requires resolving the classification with enough time to spare.
If you need to assess the impact of Ruling No. 264/22 on your collective bargaining processes or review the status of your company’s minimum services classification, schedule a diagnostic meeting with our team at https://calendar.app.google/f13cTubrP12uveuBA This content is informational and does not constitute legal advice for a specific case.