Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee previously noted the observations made by the General Confederation of Democratic Workers (CGTD) concerning the delay of wage payment by several months to workers in the public sector, for example, in the Departments of Putumayo, Vinchada, Sucre and Meta, and also in the Municipalities of Tolú, Quibdó, Montería, Puerto Asís and Caicedonia. The Committee also noted the Government's reply that, for all public employment, there should be budgetary appropriation and that the Ministry of Labour and Social Security has the competence to carry out investigations in cases of non-payment of wages and to impose sanctions.

A further communication was received from the CGTD in April 1999, which points out that the problem of non-payment of wages to workers in the public sector persists, in contravention of Article 12(1) of the Convention, and refers specifically to the situations in Hospital San Fransisco de Asís of Quibdó, Municipalities of Ibagué, Arauca, Montería and Department of Córdoba. The CGTD considers that the Government has taken a series of actions violating the workers' rights to associate and other rights, and in both its double role of employer and of supervisory organs, fails to respect or make others respect such rights, including that of the payment of wages due. This comment was transmitted in May 1999 to the Government for its observation but the Government's report received in September 1999 only refers to the provision of the labour law with regard to the application of Article 12 and contains no reply to the points raised by the CGTD.

2. Since the last session of the Committee, a communication was received from the Union of Workers in the Textile Industry of Colombia (SINTRATEXTIL), pointing out a situation of non-payment of wages in addition to the dismissal of unionized workers. Although a copy of this communication was sent to the Government for comments in September 1999, no reply has been received.

3. 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 public sector mentioned by the CGTD, as well as more specific information on measures taken for the application in practice of Article 12 of the Convention concerning the regular payment of wages, including a particular reference to the situation mentioned by the SINTRATEXTIL.