Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. The Committee notes the comments made by the Union of State Workers of Colombia (UTRADEC), which were received in February 2001 and transmitted to the Government on 22 March 2001. The Government’s comments thereon were received on 31 August 2001. In April 2001, other comments were received from the Union of the Administradora de Seguridad Limitada (SINTRACONSEGURIDAD), which were transmitted to the Government on 21 May 2001. The Government has not replied to the latter comments.

2. The comments by the Union of State Workers of Colombia alleged that the municipality of Popayán owes them six months’ wages. This situation includes both active employees and pensioners. The workers’ organization also refers to a restructuring which is being undertaken with a view, according to the organization, to abolishing the posts of trade union leaders and unionized employees. In reply, the Government indicates that, according to the information from the municipality of Popayán, the payment of wages has been continued, although with certain difficulties due to the economic situation. This has meant that the above municipality has had to apply Act No. 550 of 1999 with a view to restructuring its debts. The Government also indicates that the process that is being undertaken in the municipality is intended to rationalize expenditure and improve income with a view to ensuring that in future income is higher than expenditure. The Committee notes the Government’s explanations and recalls that one of the fundamental principles of Convention No. 95 is to protect the wages of workers irrespective of the sector in which they work and irrespective of the situation experienced by public administrations. The Committee therefore once again hopes that the Government will take all the necessary measures to ensure that the wages of workers in the municipality of Popayán are paid regularly and in time in accordance with Article 12 of the Convention (payment of wages at regular intervals).

3. The Committee also notes the comments received from the Union of the Administradora de Seguridad Limitada (SINTRACONSEGURIDAD) alleging the failure to pay the wages of workers due to the closure of the enterprise. The trade union indicates in its allegations that this enterprise, the Administradora de Seguridad Limitada, established by the Banco Cafetalero,  registered with the Ministry of Agriculture, is a mixed economy enterprise. As noted above, these comments were transmitted to the Government, which had not provided its comments before the Committee’s meeting. The Committee therefore requests the Government to provide its comments as soon as possible on the allegations of the SINTRACONSEGURIDAD and, in any event, to take the necessary measures to guarantee the payment of the wages due to workers in accordance with Article 11 of the Convention (payment of the wages of workers in the event of bankruptcy or judicial liquidation).

4. With reference to its previous comments, the Committee recalls that it requested the Government to report in detail in 2002 concerning the comments made by various trade unions alleging the failure to apply the provisions of this Convention. While awaiting the provision by the Government of the requested report, the Committee recalls the matters raised in its previous observation.

5. With reference to the comments made by the General Confederation of Democratic Workers claiming, among other matters, the payment of wages for workers in various municipalities, the Committee noted the Government’s reply and requested it to provide information on the situation in the various municipalities on which indications had not been provided, including information on the measures adopted to ensure compliance with the right of workers to receive their wages and to ensure the payment of the wages due to these workers. The Committee reiterates its request and hopes that the Government will provide the requested information with its next report.

6. The Committee noted the comments made by the Union of Maritime and River Transport Workers (UNIMAR) alleging non-compliance by the Government with Articles 11 and 12 of the Convention. The Committee had urged the Government to take the necessary measures to ensure that the workers receive their wages at regular intervals (Article 12) and, in the event of the judicial liquidation of the enterprise, also to ensure that they are treated as privileged creditors (Article 11). The Committee reiterates its previous request and hopes that the Government will provide information in its next report on the measures adopted to secure compliance with the above rights of workers in the Grancolombia Merchant Fleet, which is the property of the Coffee Producers Federation.

7. The Committee recalls that in its previous observation it noted the comments made by the World Federation of Trade Unions (WFTU) and the Yumbo subdivision of the National Union of Chemical Industry Workers of Colombia (SINTRAQUIM) alleging non-compliance with the provisions of Article 12, paragraph 2, of the Convention (final settlement of wages due) by the enterprises Whitehall Robins Laboratorios Ltd. and American Home Products International. The above comments were transmitted to the Government in July 2000. However, the Government has not yet commented thereon and the Committee hopes that the Government will provide its comments sufficiently early for the Committee to be able to examine them appropriately.

8. Finally, the Committee recalls that in its previous observation it noted that the comments of the Union of Public Employees of the Medellín subdivision (SINDESENA) had been sent to the Government in November 2000 and it requested the Government to provide information on the measures adopted to respond to the claims of the workers alleging the need for the Government, in compliance with a recommendation of the Constitutional Court of Colombia, to make the corresponding adjustment to their wages. The Committee hopes that the Government will provide its comments sufficiently rapidly for the Committee to be able to examine them appropriately.

[The Government is again asked to report in detail in 2002.]