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

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

Comments from workers’ and employers’ organizations. The Committee notes the comments from the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the Confederation of Retirees of Colombia (CPC) dated 3 June and 30 August 2010 and 29 August 2011; from Education International (EI), dated 7 October 2010; from the International Trade Union Confederation (ITUC), dated 4 August 2011; and from the General Confederation of Labour (CGT), dated 1 September 2011, referring to issues examined by the Committee and also to acts of anti-union discrimination. The Committee also notes the comments from the National Association of Telephone, Communication and Allied Technicians (ATELCA), dated 4 and 10 November 2010, which refer to matters under examination by the Committee on Freedom of Association (Case No. 2434). The Committee further notes the comments from the National Association of Employers of Colombia (ANDI), dated 31 August 2011. Finally, the Committee notes various communications from the Government relating to these comments.

Tripartite Agreement on Freedom of Association and Democracy. The Committee notes the Government’s statement that in May 2011 the Government, workers and employers renewed the Tripartite Agreement on Freedom of Association and Democracy which they had signed in 2006. The Government asserts that the signature of this Agreement reaffirms its commitment to continue promoting and extending social and labour dialogue in the country, and that it is of vital importance to increase and deepen cooperation with the ILO in various fields, including with regard to the regulation of collective accords with non unionized workers.

The Committee notes that the Government of Colombia and the Government of the United States also agreed, on 7 April 2011, on a plan of action lasting until 2013, which provides, inter alia, for the promotion of collective agreements and the establishment of a solid system of application.

High-Level Tripartite Mission. In its observation relating to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes the visit of the High-Level Tripartite Mission to the country from 14 to 18 February 2011, and also its conclusions, which, as regards the Convention, cover issues related to acts of anti union discrimination and the strengthening of social dialogue and collective bargaining.

The Committee notes the Government’s statement in its report that it remains fully available to continue with social dialogue and create the space needed to contribute to the building of trust and the search for joint solutions enabling continued progress on labour-related matters. The Committee notes that departmental sub-commissions were set up towards this end for consultation on wage and labour policies which are receiving technical assistance as regards fundamental rights at work, the settlement of labour disputes, state policies for decent work, protection for vulnerable groups of workers and dissemination of fundamental rights at work. The Committee also observes that, according to the Government, the 32 sub-commissions which have been set up have dialogue plans designed to tackle specific labour issues in each department and a total of 428 meetings were held from 2009 to 2011. Finally, the Committee notes the Government’s indication that a major training campaign has been undertaken for the benefit of the social partners with training provided for a total of 13,444 trade union officials and the creation of a diploma in negotiation, mediation and dispute settlement with the participation of trade unionists, labour inspectors and employers.

Article 4 of the Convention. Collective bargaining in the public sector. Public servants not engaged in the administration of the State. Decree No. 535 of 24 February 2009. In its previous observation the Committee noted with satisfaction the adoption of Decree No. 535 of 24 February 2009 concerning collective bargaining in the public sector, while also indicating that it was aware that the Decree is very short, can be improved and establishes principles which probably require further regulation to comply more effectively with its objectives and to extend in practice collective agreements in the various institutions. The Committee asked the Government to continue dialogue with trade union organizations with a view to improving the Decree that had already been adopted and to provide information in this respect. The Committee notes the Government’s statement that: (1) in the context of meetings of the Sectoral Commission for the Public Sector, which comprises various Government entities and representatives of the CUT, CGT, CTC and the National Federation of State Workers (FENALTRASE), meetings have been held since February 2011 to conduct consultations on amendments to Decree No. 535 of 2009; and (2) in May 2011 the members of the Commission agreed on a preliminary draft of work for amendments to Decree No. 535 of 2009 “regulating section 416 of the Labour Code”. The Committee notes that the abovementioned trade unions indicate that only the Government’s signature is lacking from the agreement on the preliminary draft of work for amendments to Decree No. 535 of 2009 and this should come into force as soon as possible. The Committee welcomes this information and reminds the Government that, if it wishes, it may avail itself of technical assistance from the Office in relation to the draft decree for amendments to Decree No. 535 of 2009. The Committee requests the Government to provide information in its next report on any further developments in this respect.

Collective accords with non-unionized workers. In its previous observation the Committee referred to the need to ensure that collective accords are not used to undermine the position of trade union organizations and to the need to ensure the possibility in practice of concluding collective agreements with them. It also asked the Government to provide information on the total number of collective agreements and collective accords and the respective numbers of workers covered by them. The Committee notes the Government’s indication that, with a view to discouraging the conclusion of collective accords in which better conditions are granted to non-unionized workers, Act No. 1453 of 2011 was passed, amending section 200 of Act No. 599 of 2000 and establishing the penalty of imprisonment (one to two years) and/or fines (100 to 300 times the legal monthly minimum wage in force) in the event of the conclusion of collective accords in which, overall, better conditions are granted to non-unionized workers by comparison with the conditions agreed on in collective agreements with unionized workers at the same enterprise. The Committee nevertheless underlines that when there is a trade union at the enterprise, collective agreements should not be concluded with non-unionized workers. Finally, the Committee notes the Government’s statement that collective bargaining is developing in Colombia and that 279 collective agreements and 166 collective accords were concluded between January and July 2011. The Committee requests the Government to continue to supply statistics in this regard and state whether any trade union organizations exist in the enterprises where collective accords have been concluded with non-unionized workers.