Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Protection of Wages Convention, 1949 (No. 95) - Colombia (Ratification: 1963)

The Committee previously noted the observations made by the General Confederation of Democratic Workers (CGTD). The CGTD pointed out that, in violation of the Convention, wages had not been paid for several months to workers in the state and public sectors, for example, in the Departments of Putumayo, Vinchada, Sucre and Meta, and also in the Municipalities of Tolú, Quibdó, Montería, Puerto Asis and Caicedonia. The CGTD added that, although this irregularity had been brought to the attention of the Government, in particular, the Ministries of Labour, and the Interior, and the Council of Social Policy, no action had been taken to impose sanctions or other measures to ensure the payment of wages to these workers. The Committee noted the Government's reply as regards the Municipality of Montería, Putumayo and Cartago, and requested the Government to indicate measures taken for the regular payment of wages in the other regions mentioned by the CGTD.

The Committee notes that, in reply, the Government refers to the provision of the Constitution according to which there can be no public employment without functions detailed in a law or regulations. This means that, for all public employment, there should be budgetary appropriation. The Government further states that the budgets of the territorial entities, to be adopted by the competent authority, should include a part corresponding to the payment of wages and that the Ministry of Labour and Social Security has the competence to carry out investigations in case of non-payment of wages and to impose sanctions.

In the absence of any further information regarding the situations referred to by the CGTD, the Committee requests the Government to supply detailed information on any concrete measures taken to inquire into and rectify the non-payment of wages in the state and public sectors in the remaining regions mentioned by the CGTD, as well as information more generally on measures taken for the application in practice of Article 12 of the Convention concerning the regular payment of wages.

[The Government is asked to report in detail in 1999.]