Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations made by the Confederation of Workers (CTC) received on 29 August 2015.

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning the qualifications required for labour inspection posts (Article 7) and the administrative procedure for the reimbursement of travel expenses incurred in the duties of labour inspectors (Articles 11 and 12(1)(a)). As regards the latter issue, it appears from the explanations provided by the Government that the authorization by the territorial directorates may also be given following an inspection carried out at the initiative of a labour inspector, and that it does not affect the reimbursement of travel expenses incurred or restrict the freedom of labour inspectors to enter any workplace liable to inspection without prior authorization.

Having previously noted the observations made by the Single Confederation of Workers of Colombia (CUT) concerning the delay in issuing regulations under Act No. 1610 concerning certain aspects of labour inspection and certain decisions on the formalization of employment, it notes the Government’s reference to the issuing of Decree No. 0472 of 17 March 2015 concerning the criteria to be applied in relation to the amount of fines to be imposed and the procedure to be followed when ordering preventive measures (such as the prohibition of work or the sealing or closing down of a workplace).

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee noted that according to the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the CUT, labour inspectors are assigned additional tasks, such as administrative functions, at the expense of their primary tasks, and spend more time on conciliation than on their primary functions. In this regard, the Committee requested the Government to state clearly the number of inspectors who are exercising the functions of prevention, inspection, monitoring and control in practice, that is, functions within the meaning of Article 3(1) of the Convention.

The Committee notes that the Government indicates that, irrespective of the group to which they are assigned (prevention, inspection, monitoring and control; the conciliation and the resolution of individual and collective conflicts; or citizen service and administrative procedures), all labour inspectors exercise functions within the meaning of Article 3(1) of the Convention. For example, (i) labour inspectors assigned to the task of conciliation and the resolution of individual and collective conflicts are also entrusted with investigations concerning acts of anti-discrimination, and may also provide technical assistance and advice concerning compliance with legal provisions, and (ii) labour inspectors assigned to the task of citizen service and administrative procedures also deal with the issuing of authorizations concerning the legal provisions on working time and child labour.

While the Committee notes from the above statements of the Government that the tasks of conciliation and the resolution of individual and collective conflicts and of citizen service and administrative procedures also include elements of advice and control, it recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take measures to ensure that labour inspectors focus principally on the inspection of workplaces and on taking the necessary action.

The Committee requests the Government to provide further information on the tasks exercised by inspectors entrusted with citizen service and administrative procedures. It also invites the Government to consider entrusting the function of conciliation to another body, and to provide information in this regard.

Articles 6 and 7(1). Status of labour inspectors as public servants and their permanent appointment on the basis of competitions testing their aptitudes. The Committee previously noted the Government’s indications that, of the 696 labour inspectors that were working at the labour inspectorate in 2014, 102 labour inspectors were public servants covered by the administrative career system, while 594 labour inspectors held temporary contracts. The Government stated that while the latter did not enjoy full employment stability, they had relative employment stability, in accordance with relevant judgments handed down by the Constitutional Court in 2008 and 2013, as there were only limited grounds on which public servants with temporary contracts could be removed from their post.

It notes from the information in the 2014 report of the Ministry of Labour “Inspection activities to promote decent work” that of the 826 labour inspectors that are currently working within the labour inspection services, 100 labour inspectors are public servants covered by the administrative career system, while 726 hold temporary contracts. The Committee notes the Government’s reiterated indications in its report that the labour inspectors that are employed on a temporary basis enjoy relative employment stability, and the reiterated observations of the CTC, according to which these labour inspectors have a precarious work relationship, and can be freely appointed or removed from their posts. The Committee requests the Government to take the necessary measures to bring labour inspectors within the administrative career system of public servants through the conduct of merit-based competitive exams, and to proceed with the appointment of all labour inspectors on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive sanctions for labour law infringements. The Committee previously noted with interest that the Government had taken several measures to ensure the effective enforcement of sufficiently dissuasive sanctions for labour law violations but also noted the observations made by the CUT that labour inspectors issue less than one sanction for non-compliance per month, and the observations made by the CTC, according to which it is necessary to ensure that the fines imposed are also collected.

In relation to further efforts made to enhance the collection of fines, the Committee notes that the Government refers to the National Development Plan for 2014–18 which foresees the possibility of outsourcing the collection of fines to a public body, a function which is currently entrusted to a government body named the National Apprenticeship Service (SENA). It also notes the reference made to different activities of the SENA to enhance the collection of fines, including the establishment of an administrative unit at the SENA for the collection of fines employing 89 employees, and the training and the establishment of guidelines for the territorial directorates to avoid fines becoming time-barred. It finally notes the issuing of Decision No. 1235 of 2014 establishing the Internal Regulations of the SENA for the collection of outstanding payments through administrative enforcement procedures which, according to the Government, has enabled the accelerated collection of fines. In this regard, the Committee notes that it appears from the statistics provided by the Government that from 2013 to 2014, 1,096 penalties have been imposed, resulting in fines amounting to 26,439,936,750 Colombian pesos (COP) (approximately US$9.45 million), and that fines amounting to COP6,782,649,536 (approximately US$2.42 million) have been effectively collected in that period.

It also notes the Government’s indications, in response to the Committee’s request for detailed statistics on the number of violations detected and the penalties imposed, that it is necessary to organize and electronically systematize the existing files with a view to extracting relevant data. In this regard, it refers to efforts currently undertaken by the Ministry of Labour, accompanied by the ILO concerning the development of a follow-up and management system for administrative enforcement. In this regard, the Committee also notes that statistics on the number of penalties imposed, and the legal provisions to which they relate were included in the 2013 annual report on the work of the labour inspection services. The Committee requests the Government to continue to provide information on the progress made with, and the impact of, the above measures, including the improvement made in the collection of fines. In this regard, it also asks the Government to provide information on whether the collection of fines has been entrusted to a body other than the SENA.

Please also provide detailed statistics on the number of violations detected and the penalties imposed, if possible aggregated by reference to the relevant legal provisions, and information on the collection of fines.

Articles 20 and 21. Elaboration, publication and communication to the ILO of annual labour inspection reports. The Committee previously noted with interest the national labour inspection report for 2013. It further noted the Government’s indications that the basis for an information system for the collection of inspection data had been initiated in 2014 with ILO technical assistance and should be implemented by 2016, which should improve statistics and reports. It notes that the 2014 report of the Ministry of Labour “Inspection activities to promote decent work” contains information on the laws and regulations relevant to the work of the inspection services (Article 21(a)) and the staff of the labour inspection services (Article 21(b)). However, the Committee notes that an annual report on the activities of the labour inspection services in 2014, containing information on all of the subjects as required under Article 21(a)–(g) has not yet been received at the ILO. The Committee requests the Government to continue to provide information on the establishment of the information system for the collection of inspection data. It hopes that the 2014 annual labour inspection report will soon be received at the ILO, and trusts that future annual reports will be published and regularly communicated to the ILO, and that they contain information on all the subjects covered by Article 21(a)–(g).