Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments from the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI) confirming the adequate functioning of the Standing Committee for Dialogue on Wage and Labour Policies or the Special Committee for the Handling of Conflicts Referred to the ILO (CETCOIT).

The Committee also notes the comments submitted by the International Trade Union Confederation (ITUC), the World Federation of Trade Unions (WFTU), the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC), and other national workers’ organizations in 2012 and 2013, referring to issues previously examined by the Committee and to the use of legal formulas (such as “trade union accords”), which obstruct the exercise of the right to collective bargaining, as well as to various acts of anti-union discrimination in the public and private sectors. The Committee notes the Government’s reply to these comments, particularly its statement that the purpose of trade union accords is that trade unions may participate in the management of enterprises and also represent self-employed workers (the trade union becomes the employer of its affiliated workers), and also the fact that in some specific cases unwarranted use of this concept has been detected and the corresponding measures have been taken (a tripartite working group was set up which agreed on specific measures to resolve the issue in the health sector). The Committee hopes that the reported cases of discrimination will be discussed within the CETCOIT.

Article 4 of the Convention. Collective bargaining in the public sector. Public servants not engaged in the administration of a State. The Committee previously noted Decree No. 535 of 24 February 2009 concerning collective bargaining in the public sector, and that tripartite discussions were under way with a view to amending it. The Committee notes the Government’s statement that the abovementioned Decree was repealed by Decree No. 1092 of 2012 concerning collective bargaining in the public sector. The Committee welcomes and notes with interest that pursuant to the Decree, the Government and the CUT, CGT and CTC and other organizations of workers employed by the State, with the support of Public Services International, reached an agreement in negotiations on a unified set of demands relating to government service which benefits more than 1,050,000 public employees throughout the country and that bargaining has been initiated in 27 departmental governments, 62 town halls and municipal councils, one superintendency, 19 universities and other national, departmental and municipal bodies. The Committee also notes that it was agreed to consider amending Decree No. 1092 (which had been contested by a number of national workers’ organizations). The Committee requests the Government to provide information in this respect.

Collective accords with non-unionized workers. The Committee notes the Government’s statement that from 2012 to the present time, 626 collective labour agreements and 345 collective accords were concluded. While noting the Government’s repeated statement that Act No. 1453 of 2011 establishes the penalty of up to two years’ imprisonment and/or fines for anyone concluding collective accords that grant better conditions to non-unionized workers, the Committee recalls that collective accords with non-unionized workers should only be possible in the absence of trade unions.

Coverage of collective bargaining in the private sector. The Committee requests the Government to send observations on the statement by the CUT that less than 4 per cent of workers are covered by a collective agreement.