Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Colombia (Ratification: 1933)

1. In its previous comments, the Committee noted that a draft Act has been prepared to regulate the composition and the functioning of the Permanent Commission under article 56 of the Constitution. The text of the draft Act available to the Committee provides for the minimum wage fixing by the tripartite Permanent Labour Commission, and in the case of failure to reach consensus, by the Government's decree. These provisions would ensure legislative conformity with the Convention. The Committee further notes that the second paragraph of section 3 of the draft Act stipulates the possibility of inviting, among others, employers' and workers' organizations not represented in the Commission to discussions on minimum wage fixing, with the right to speak, and considers that this provision could perhaps be improved by also requiring equality of representation and powers between the employers and the workers. The Committee requests the Government to supply information on the progress made towards the enactment of this draft Act and, when it is in force, on the establishment of the Commission and the minimum wage fixed under it.

2. The Committee noted in its previous comments that the statistical publication attached to the Government's earlier report on Convention No. 81 included a table (page 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage had been the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerated the five most frequent infringements observed in the first half of 1992, which did not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.