Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the communications of the Union of Maritime and River Transport Workers (UNIMAR), dated 25 June 2007, and of the Colombian Association of Airline Pilots (ACDAC), dated 25 May 2007, which were forwarded to the Government on 20 August 2007. Both communications follow up on previous observations made by the same organizations concerning the alleged violation of the principles set out in Articles 11 and 12 of the Convention on account of the Government’s failure to protect workers’ wage claims in insolvency proceedings and to prevent the accumulation of wage arrears in certain public and private sector enterprises. With regard to the ongoing liquidation process of the Merchant Navy Investment Company SA (formerly the Grancolombian Merchant Navy SA), UNIMAR claims this process is flawed on multiple grounds and calls for the settlement of all outstanding payments to the former employees of the enterprise. ACDAC, for its part, draws attention to the alarming situation of the Airline Pilots’ Providence Fund (CAXDAC) and its growing deficit which is due to the fact that the Government has not prevented for many years so-called “non-contributing airline companies” to file for bankruptcy without having first paid all outstanding contributions to the Fund.

The Committee requests that the Government transmits its comments in this regard so that it may examine these points at its next meeting. In addition, the Committee asks the Government to keep it informed of any developments concerning the matters raised in its previous observation, in particular the settlement of outstanding payments to the employees of the public hospital San Juan de Dios following the comments of the National Association of Health, Social Security and Allied Service Workers and Public Employees (ANTHOC).