Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Colombia (Ratification: 1976)

The Committee notes the Government's report and regrets that it has not replied specifically to its previous comments, which referred to:

- the measures adopted to ensure that no acts of anti-union discrimination occur in the context of the Government's restructuring policy:

- the requirement that industrial or branch unions must have the membership of more than fifty per cent of the workers of the enterprise in order to negotiate collectively (section 376 of the Code, as supplemented by section 51 of Act No. 50); and

- the possibility for federations and confederations to negotiate collectively.

With reference to the first point, the Committee once again requests the Government to provide information in its next report on the measures adopted or envisaged to ensure in practice the protection of workers in the public sector against acts of anti-union discrimination connected with the Government's restructuring policy.

With regard to the second point, the Committee once again requests the Government to take measures to ensure that its legislation guarantees that trade union organizations other than works unions, which do not cover more than 50 per cent of the workers, have the right to bargain collectively, at least on behalf of their own members.

Noting that the legislation does not explicitly grant federations and confederations the right to negotiate collectively, the Committee once again requests the Government to inform it of cases in which federations and confederations have concluded collective agreements directly and if yes to communicate the relevant agreements.

The Committee hopes that the Government will provide detailed information on these matters in its next report.