Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 11 and 12 of the Convention. Protection of wage claims in the event of bankruptcy – Payment of wages at regular intervals. Further to its previous comment, the Committee notes the updated information provided by the Government concerning the liquidation proceedings of the hospital San Juan de Dios and of the Merchant Navy Investment Company, which have been the subject of numerous communications received previously from trade union organizations. The Committee requests the Government to keep the Office informed of any progress made for the final settlement of these disputes. Moreover, in the absence of any reply concerning the situation of the Airline Pilots’ Provident Fund (CAXDAC), the Committee again requests the Government to keep the Office informed of any developments in this regard.

In addition, the Committee notes the comments of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), dated 29 August 2011, according to which the constitutional and legislative provisions on wage protection are not applied in practice. The CUT and the CTC allege that the Government has failed to put in place sufficient inspection mechanisms to ensure the regular payment of wages. The two organizations refer to the current level of the minimum wage which is far below the poverty line and they denounce the lack of social dialogue in these matters. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of CUT and CTC relating to inspection mechanisms to ensure the regular payment of wages.