Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection Convention, 1947 (No. 81) - Colombia (Ratification: 1967)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

1. Impact of the reorganization of the labour administration on the functioning of the labour inspectorate. The Committee notes the information provided by the Government on the action undertaken and envisaged in relation to the reorganization of the labour administration as a whole. It once again requests the Government to provide information on the impact of this action on the effectiveness of the labour inspectorate in terms of cooperation with other bodies in the labour administration, collaboration with the social partners and the volume and quality of the activities of the inspectorate.

2. Articles 6 and 10 of the Convention. The Committee once again requests the Government to provide information concerning developments in the situation following the freezing of the recruitment of public servants and on the status and conditions of service of labour inspectors recruited in the context of the restrictions imposed in view of the economic situation.

3. Article 14. Notification to labour inspectors of industrial accidents and cases of occupational disease. With reference to its previous comments, the Committee once again requests the Government to take measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease.

4. Article 15(c). Principle of the confidentiality of the source of any complaint. The Committee notes the Government’s reply to its previous comments on this issue and emphasizes once again the necessity of a legal guarantee of the principle of the confidentiality of the source of any complaint. It therefore once again requests the Government to take the necessary measures to ensure compliance with the principle of the confidentiality of the source of any complaint and the prohibition upon inspectors from revealing to the employer or her or his representative that a visit of inspection was made in consequence of a complaint.

5. Articles 19, 20 and 21. Annual inspection report. The Committee notes the information provided by the Government concerning, among other matters, the number of enterprises registered and workers therein, the number of inspections undertaken by territorial directorates, the number of complaints received and the number of enterprises penalized. The Committee requests the Government to draw the attention of the central labour inspection authority to the guidance provided in Part IV of Recommendation No. 81 concerning the manner in which the information required by Article 21 may be presented in the annual report to serve as a basis for evaluating the operation of the labour inspectorate and the extent to which the legislation subject to its supervision is applied, and in determining appropriate measures for improvement. The Committee hopes that an annual labour inspection report will soon be prepared, that it will be published and communicated to the ILO in accordance with Article 20 and that it will contain the information required on each of the matters covered by Article 21 so that the social partners can be informed and offer relevant suggestions.

Finally, the Committee once again requests the Government to provide copies of Ruling No. 10728 of 22 August 1996 of the Council of State, which it describes as being related to application of the Convention.