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

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

The Committee notes the Government’s report.

The Committee recalls that in its 1999 observation, it had noted the comments on the application of the Convention transmitted by the General Confederation of Democratic Workers (CGTD), the Trade Union of Telecommunication Workers of Santa Fe de Bogotá (SINTRATELEFONOS), the Trade Union of Textile Industry Workers (SINTRATEXTIL) and the World Federation of Trade Unions (WFTU) and that in its observation in 2000 it had referred to the comments made by the Maritime Transport Workers Union (UNIMAR). The Committee notes that in its report the Government confines itself to indicating that these relate to matters covered by cases currently being examined by the Committee on Freedom of Association of the ILO’s Governing Body. However, the Committee recalls that there are other issues pending concerning the application of the Convention which need to be dealt with. The Committee notes that the above comments relate to non compliance with collective agreements by the municipality of Ibagué and the Coltejer and the GM Colmotores enterprises, and the dismissal of trade union leaders in the municipality of Montería and from the merchant navy. In this respect, the Committee wishes to emphasize that both employers and trade unions must negotiate in good faith, making an effort to reach an agreement, and that once such agreements have been concluded they must be binding on both parties. Furthermore, the Committee observes that the dismissal of trade union leaders on the grounds of their function or legitimate trade union activities constitutes a serious violation of Article 1 of the Convention.

The Committee also recalls that in its observation in 2000 it had noted the comments on the application of the Convention transmitted by the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Democratic Workers (CGTD) concerning enterprise, government and judicial practices which gave preference to collective accords with non unionized workers and disregarded existing collective agreements and trade unions. The Committee notes the Government’s indication that the rulings of the Constitutional Court and the Supreme Court of Justice comply with international undertakings, in accordance with the principles of the independence and supremacy of the law. The Committee emphasizes that the principles of collective bargaining have to be respected taking into account the provisions of Article 4 of the Convention concerning the full development and utilization of machinery for voluntary negotiation with workers’ organizations with a view to the regulation of terms and conditions of employment by means of collective agreements, and that direct negotiations with workers must not prejudice or weaken the position of trade unions, nor weaken the impact of collective agreements that have been concluded. The Committee requests the Government to ensure that these principles are respected and to inform it of any measures adopted in this respect.

Finally, the Committee recalls that for many years it has been referring to the need to recognize the right to collective bargaining of public employees. The Committee emphasizes that in accordance with the provisions of Convention No. 98, public servants not engaged in the administration of the State already should benefit from the right to collective bargaining. In this respect, the Committee takes note of the ratification of Conventions Nos. 151 and 154, which recognize the right to bargain collectively of public servants with limited exceptions. The Committee requests the Government to take measures to guarantee the right of public employees and officials to collective bargaining. The Committee requests the Government to provide information in its next report on any measure taken in this respect.