Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Colombia (Ratification: 1933)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and 95 (protection of wages) together.

The Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE) on the application of Conventions Nos 26 and 99, received on 31 August 2018, and the Government’s reply to these observations. It also notes the observations of the General Confederation of Labour (CGT), received on 31 August 2018, on the application of Convention No. 99, and the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) on the application of Conventions Nos 26 and 99, received on 1 September 2018, and the Government’s reply to these observations. The Committee further notes the observations of the CUT, the Colombian Federation of Education Workers (FECODE) and the Teachers’ Association of Cundinamarca (ADEC) on the application of Convention No. 95, received on 30 May 2018. It also notes the observations of the CGT, the CTC and the CUT on the same Convention, received on 31 August 2018, and the Government’s reply to these observations.

With regard to the application of Convention No. 95, the Committee notes the Governing Body decision of June 2018 to transmit to the Committee a communication sent under article 24 of the ILO Constitution by the CGT, the CTC, the CUT and the National Association of Ecopetrol Retirees (ANPE 2010) alleging non-observance of the Convention. Taking into account that the allegations by the complainant organizations were being examined by the Committee, the Governing Body decided to transmit this communication to the Committee for a full examination of these allegations at its 2018 session.

Minimum wage

Article 3 of Conventions Nos 26 and 99. Participation of the social partners. The Committee notes that, in reply to the observations of the CTC and the CUT on the minimum wage fixing process, the Government provides a copy of Decree No. 2269 of 30 December 2017 establishing the statutory minimum wage for 2018. The Committee notes that, according to the reasoning of the Decree: (i) the tripartite Permanent Committee for Consultation on Wage and Labour Policies held a plenary session over a period of several days in December 2017 with the aim of fixing, in a concerted manner, the increase in the minimum wage for 2018; and (ii) in its session on 7 December 2017, the workers’ confederations (including the CUT, the CGT and the CTC) and the employers’ associations indicated their views on the increase in the statutory monthly minimum wage in force.

Protection of wages

Article 1 of Convention No. 95. Protection of all elements of remuneration. In its previous comment, the Committee requested the Government to provide its comments on the observations of the CTC, the CGT and the CUT which reported a phenomenon of “de-salarization” in the country, particularly in the oil sector, with the conclusion of “salary exclusion agreements” on the basis of the provisions of section 128 of the Substantive Labour Code (CST). The Committee notes that, in their representation made in 2018, the complainant organizations indicate that a “salary exclusion agreement” is an individual agreement between the employer and the worker which establishes that, in addition to the payment of wages, the employer shall deposit a non-wage payment known as a “savings incentive” every two weeks into the worker’s voluntary pension fund. The Committee notes that the complainant organizations consider that the “savings incentive” constitutes wages, as: (i) it is paid in exchange for work; (ii) in many cases, it represents over 40 per cent of the wages; and (iii) it is paid periodically every 15 days. The Committee notes the Government’s indication that section 128 of the CST establishes that, by agreement between the worker and the employer, some payments made voluntarily by the employer to the worker do not constitute wages. The Committee recalls that, in accordance with Article 1 of the Convention, all the components of the remuneration of workers, however designated or calculated, are protected by the Convention, and the fact that a wage benefit, however designated, does not enter into the definition of wages set out in the national legislation, does not, ipso facto, constitute a violation of the Convention, provided that the remuneration or earnings due, payable under a contracted employment by an employer to a worker, whatever term is used, are covered by the provisions of Articles 3–15 of the Convention (2003 General Survey, Protection of wages, paragraph 47). Under these conditions, the Committee considers that regular payments made by employers to the voluntary pension funds of workers, known as “savings incentives”, shall qualify for the protection afforded by the Convention.

In this regard, in relation to the protection afforded by the Convention, the Committee notes the complainants’ allegations that the “savings incentive” system does not meet the requirements of Articles 5 (direct payment to the worker), 6 (freedom of workers to dispose of their wages) and 15 (inspection) of the Convention. The complainant organizations consider that they do not meet the requirements of Articles 5 and 6 for the following reasons: (i) in view of the dominant position of the employer in the employment relationship, the workers knew that if they did not agree to sign the salary exclusion agreement they would not obtain advancement and would be dismissed from their jobs; (ii) as the “savings incentive” is deposited in the pension fund, it is not paid directly to the workers; and (iii) the workers cannot dispose of these sums as they wish. In its reply, the Government indicates that the salary exclusion agreement is accepted freely by the workers and that their consent is recorded in the contract of employment signed by the parties. The Committee recalls that Article 5 provides that the worker concerned may agree to a different procedure to the direct payment of wages, and that Article 6 refers to the freedom of workers to dispose of their wages. Under these conditions, the Committee considers that the alleged acts do not imply a violation of these Articles. In relation to Article 15, the Committee notes that the complainant organizations allege that the labour inspection services did not inspect this practice of their own motion or penalize it. In this regard, the Committee notes that certain specific cases relating to these matters are being examined by national jurisdictions.

Finally, the Committee notes the complainants’ indications that the fact that “savings incentives” do not constitute wages has an impact on other social benefits, and particularly pensions, the rate of which is calculated on the basis of the amount of the workers’ wages. In this regard, the Committee observes that this issue is not covered by the Convention.

Article 4 of Convention No. 95 and Article 2 of Convention No. 99. Payment of wages in kind. The Committee notes that, in its observations, the CGT indicates that in the agricultural sector it is common for the payment of wages in kind not to observe the maximum amount established by the CST. The Committee observes that section 129 of the CST limits partial payment in kind to 50 per cent of total wages and 30 per cent when workers earn the minimum wage. In this regard, the Committee requests the Government to describe the manner in which compliance with the limits established in the national legislation is ensured in practice.

Article 12(1) of Convention No. 95. Regular payment of wages. The Committee notes that, in their observations, the CUT, the FECODE and the ADEC report delays in the payment of wages in the education sector in the department of Cundinamarca. The Committee requests the Government to provide its comments in this respect.

Article 4 of Conventions Nos 26 and 99, and Article 15 of Convention No. 95. Inspections and penalties. The Committee notes that, in their observations: (i) the CTC and the CUT indicate that few penalties are imposed compared with the number of cases of non-compliance with provisions on wages; and (ii) the CGT denounces the lack of effective rural inspections which leads to high rates of informality and the failure to pay the statutory minimum wage in force. The Committee notes that the Government: (i) provides information on the preventive action taken by labour inspectors, the number of investigations initiated, the orders issued and the penalties imposed with regard to wages; and (ii) describes the progress made in the implementation of the Information System on Labour Inspection, Monitoring and Control. The Committee hopes that the measures adopted in this regard give rise to progress in compliance with the provisions on wages, and requests the Government to provide information in this regard. The Committee also notes that these matters are examined in the context of the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and 95 (protection of wages) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), on the application of Conventions Nos 26 and 99 (minimum wage) and Convention No. 95 (protection of wages), received in 2016, and the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE) on the application of Conventions Nos 26 and 99, received in 2016.

Minimum wage

Article 3 of Conventions Nos 26 and 99. Participation of the social partners. The Committee notes the indications of the CTC, the CGT and the CUT that, in most cases, the Government unilaterally adopts decrees fixing the statutory minimum wage without taking into account proposals made by the workers in the framework of the Standing Committee for Consultation on Wage and Labour Policies (CPCPSL). The Committee also notes the indication by the ANDI that the power of the Government to fix the statutory minimum wage only applies when no consensus has been reached in the CPCPSL. The Committee notes the Government’s indication in its report that, under the provisions of section 8 of Act No. 278 of 1996: (1) the decisions of the CPCPSL on the fixing of the minimum wage shall be adopted by consensus and must be taken no later than 15 December to be effective the following year; and (2) when no consensus is reached, the Government shall determine the minimum wage by decree no later than 30 December, on the basis of the criteria set out in the Act. The Committee also notes the Government’s indication that it has always respected the legal steps for fixing the minimum wage and that, in December 2013, the statutory minimum wage was fixed by consensus in the CPCPSL. The Committee also observes that the statutory minimum wage for 2017 was determined by the Government through Decree No. 2209 of 30 December 2016, which provides detailed grounds for the decision adopted and includes information on the process of consultation held within the CPCPSL.

Protection of wages

Article 1 of Convention No. 95. Protection of all elements of remuneration. The Committee notes that in their observations the CTC, the CGT and the CUT report a phenomenon of “de-salarization” in the country with the conclusion of “salary exclusion agreements” on the basis of the provisions of section 128 of the Labour Code (CST). They make particular reference to the practices which exist in the oil industry. The Committee requests the Government to provide its comments in this respect.

Article 4 of Conventions Nos 26 and 99 and Article 15 of Convention No. 95. Inspection and penalties. In its previous comments, the Committee requested the Government to provide information on the inspection system and penalties with the purpose of ensuring compliance with the national legislation on minimum wages and wage protection. In their observations, the CTC, the CGT and the CUT indicate that, in practice, labour inspectors do not check whether the legislation on wage protection is being applied. The Committee notes that the Government provides the information on the number of investigations launched, the enforceable decisions and the penalties imposed for failure to pay the minimum wage and the wrongful withholding of wages. The Committee also notes the Government’s indication that it has received technical assistance from the Office for the development of a new computer system for inspection, monitoring and supervision which will facilitate a more detailed reading of the data on inspections relating to wages.

[The Government is asked to reply in full to the present comments in 2018.]

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

Article 3(2) of the Convention. Minimum wage-fixing machinery. Consultations with the social partners. Further to its previous comment, the Committee notes Decree No. 033-2011 which fixes the national minimum wage for 2011 at 532,500 Colombian pesos (COP) (approximately US$282) per month. It also notes the statistical information provided by the Government regarding the evolution of the minimum wage and the inflation rate during the period 2001–11. The Committee requests the Government to provide more detailed information on the composition, mandate, and effective operation of the tripartite consultative Standing Committee on the Coordination of Wage Policies and Labour, specifically as regards the determination and periodic revision of the national minimum wage. In this connection, 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. The CUT and CTC allege that in practice the Government does not make use of any of the mechanisms for social dialogue provided for in the Constitution and national laws. They denounce the non-existence of genuine tripartite consultations in matters related to the determination of the minimum wage and explain that the discussions within the Standing Committee on the Coordination of Wage Policies and Labour are a mere formality as the arguments of the workers’ representatives are not given any consideration – in clear violation of Conventions Nos 26 and 99 – at the time of fixing the minimum wage. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of CUT and CTC.

Article 4(1) and Part V of the report form. System of supervision – Application in practice. The Committee notes the Government’s indications that pursuant to Decree No. 1128 of 15 April 2011, 100 new labour inspection offices were created while the number of labour inspectors has been increased from 289 in 2009 to 524 in 2011. The Committee requests the Government to continue to provide general information on the practical application of the Convention, including, for example, the approximate number of workers paid at the minimum wage rate, statistics on the evolution of the minimum wage in relation to fluctuations of the inflation rate, inspection results indicating the number of infringements reported and the penalties imposed, and copies of official publications or research papers concerning wage policy and the operation of the minimum wage system.

Finally, the Committee wishes to recall that based on the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40), the ILO Governing Body has decided that Convention No. 26 and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), are among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks certain advances compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the information provided in the Government’s report. It would, however, be grateful for further information on the following points.

Article 3, paragraph 2, of the Convention. Minimum wage-fixing machinery and the application of minimum wages. The Committee notes Decree No. 4686 of 21 December 2005 which fixes the national minimum wage for 2006 at 408,000 pesos (around US$183) a month for all sectors of activity, without geographical distinction. It also notes the Government’s indication that, at the national level, the Standing Committee on the Coordination of Wage Policies and Labour has established a workplan providing the basis for the establishment of a round table with public sector unions; the reactivation of the Public Sector Dialogue Subcommittee; and the meeting of a working group on wages and social benefits. The Committee also notes the indication that these measures were included in the recommendations made during the tripartite visit held between 24 and 29 October 2005, which also include the reactivation in the near future of existing tripartite institutions, namely the Inter-institutional Commission for the Promotion of Human Rights, the Special Commission to Address Disputes Brought to the ILO and the Standing Committee on the Coordination of Wage Policies and Labour. The Committee requests the Government to keep it informed of any development in this field.

Article 4, paragraph 1, and Part V of the report form. The Committee notes the information relating to the minimum wage rates applied between 2003 and 2006. The Committee, however, recalls its previous comments in which it noted that the non-observance of the minimum wage was among the infringements observed most frequently, according to statistics on the outcome of inspections, and it requested additional information on the measures adopted or envisaged to ensure the application of rules respecting minimum wages throughout the national territory and in all sectors of activity, including the agricultural sector. The Committee regrets that the Government’s last reports do not contain any new information on the application in practice of Conventions Nos 26 or 99, or on the impact of the recent reorganization of the labour administration, by virtue of Decree No. 205 of 3 February 2003, on the effectiveness of labour inspection activities. It would therefore be grateful if the Government would continue providing general information including, for example, on the number of workers paid at the minimum wage rate by sector, fluctuations in the rate of minimum wages in relation to the inflation rate over the same period, extracts from the reports of the inspection services indicating the number of infringements reported and the penalties imposed, and any other official document relating to the operation and supervision of the minimum wage system.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

Article 3, paragraph 2, of the Convention. The Committee notes Decree No. 3232, of 27 December 2002, determining the national monthly minimum wage rate for workers in all sectors, without distinction as to branch of activity or geographical region. The Committee also notes the Government’s statement that it is currently reactivating the Regional Consultative Committees on Wages and Labour Policies in the various regions of the country (for example, Valle del Cauca, Antioquia, Bolivar, Risaralda, Santander and Atlantico) and that these tripartite bodies are intended to discuss and examine socio-labour strategies at the regional level. The Committee requests the Government to keep it informed of any developments relating to the operation of these consultative bodies relating to the minimum wage at both the national and regional levels. With reference to its previous observations, the Committee requests the Government to provide information on developments in the situation in the agriculture and food sector and as regards teachers and on the measures adopted or envisaged to guarantee the application of minimum wage provisions throughout the national territory and in all sectors of activity.

Article 4, paragraph 1, and Part V of the report form. The Committee notes Decree No. 205, of 3 February 2003, determining the functions of the Labour Inspection, Supervision and Control Unit in the new Ministry of Social Protection. The Committee notes that the functions of this body will include directing, coordinating, developing and evaluating inspection, prevention, supervision and control activities throughout the national territory with a view to ensuring compliance with labour provisions in both the public and private sectors. The Committee also notes the statistical table on the inspections carried out during the period 2000-02. In this respect the Committee requests the Government to provide more detailed information on the enforcement machinery (such as the inspections carried out, the violations reported, sanctions imposed, etc.) in the various branches of activity, including the agricultural sector. The Committee also requests the Government to provide general information on the application of the Convention in practice, including: (i) changes in minimum wage rates over recent years; (ii) statistical data on the number and various categories of workers covered by minimum wage regulations; and (iii) official studies on issues relating to minimum wages.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains only superficial information which does not reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government on Act No. 278 of 1976 governing the membership and duties of the Standing Committee on the Coordination of Wage Policies and Labour, established under section 56 of the Constitution. It notes that this committee - a tripartite body containing employers’ and workers’ representatives on an equal footing - is, inter alia, responsible for fixing by means of consultation the general minimum wage, taking into account the need to ensure a quality of life worthy of a worker and his family.

Finally, with reference once again to the previous comments concerning the failure to observe minimum wage rates between 1988 and 1992 - given the results of the inspection visits made in the first half of 1988 and the second half of 1992 respectively - the Committee hopes that the Government will soon be able to provide information and explanations on this matter. It also hopes that the Government will provide information on the application of the Convention, by indicating for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Application of the Convention in the agriculture and food sector

The National Union of Food Industry Workers (SINALTRAINAL) has provided an observation concerning the refusal by certain enterprises in the agriculture and food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. Noting the absence of a response from the Government, the Committee requested it to indicate the measures taken or envisaged to ensure that the minimum wage rates fixed are binding, in accordance with Article 3, paragraph 2, of the Convention, and are effectively applied, in accordance with Article 4.

The Committee notes the very detailed information provided by the Government on the procedure initiated by SINALTRAINAL. In this regard, the Government considers that the Minister of Labour and Social Security has observed all existing positive law procedures.

The Committee observes, however, that the Government’s report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector.

Application of the Convention to teachers

In the previous comments relating to the wage rules for teachers in the public sector, the Committee requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable, in accordance with the statutory minimum wage for the national territory, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

The Committee notes that the Government has provided information on the decentralization and financing of the education system but does not provide an initial response to the points raised by the Committee. Consequently, the Committee again requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable to teachers, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers’ wages in the private sector to the wages of the corresponding category in the public sector must now be one to one.

The Committee requests the Government to indicate the measures taken or envisaged to amend section 197 of Act No. 115 of 8 February 1984 and, where necessary, to provide a copy of the new text.

The Committee hopes that the Government will not fail to take the necessary measures in the near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government on Act No. 278 of 1976 governing the membership and duties of the Standing Committee on the Coordination of Wage Policies and Labour, established under section 56 of the Constitution. It notes that this committee -- a tripartite body containing employers' and workers' representatives on an equal footing -- is, inter alia, responsible for fixing by means of consultation the general minimum wage, taking into account the need to ensure a quality of life worthy of a worker and his family.

Finally, with reference once again to the previous comments concerning the failure to observe minimum wage rates between 1988 and 1992 -- given the results of the inspection visits made in the first half of 1988 and the second half of 1992 respectively -- the Committee hopes that the Government will soon be able to provide information and explanations on this matter. It also hopes that the Government will provide information on the application of the Convention, by indicating for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report.

Application of the Convention in the agriculture and food sector

The National Union of Food Industry Workers (SINALTRAINAL) has provided an observation concerning the refusal by certain enterprises in the agriculture and food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. Noting the absence of a response from the Government, the Committee requested it to indicate the measures taken or envisaged to ensure that the minimum wage rates fixed are binding, in accordance with Article 3, paragraph 2, of the Convention, and are effectively applied, in accordance with Article 4.

The Committee notes the very detailed information provided by the Government on the procedure initiated by SINALTRAINAL. In this regard, the Government considers that the Minister of Labour and Social Security has observed all existing positive law procedures.

The Committee observes, however, that the Government's report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector.

Application of the Convention to teachers

In the previous comments relating to the wage rules for teachers in the public sector, the Committee requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable, in accordance with the statutory minimum wage for the national territory, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

The Committee notes that the Government has provided information on the decentralization and financing of the education system but does not provide an initial response to the points raised by the Committee. Consequently, the Committee again requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable to teachers, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers' wages in the private sector to the wages of the corresponding category in the public sector must now be one to one.

The Committee requests the Government to indicate the measures taken or envisaged to amend section 197 of Act No. 115 of 8 February 1984 and, where necessary, to provide a copy of the new text.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous comments, the Committee noted that a draft Act has been prepared to regulate the composition and the functioning of the Permanent Commission under article 56 of the Constitution. The text of the draft Act available to the Committee provides for the minimum wage fixing by the tripartite Permanent Labour Commission, and in the case of failure to reach consensus, by the Government's decree. These provisions would ensure legislative conformity with the Convention. The Committee further notes that the second paragraph of section 3 of the draft Act stipulates the possibility of inviting, among others, employers' and workers' organizations not represented in the Commission to discussions on minimum wage fixing, with the right to speak, and considers that this provision could perhaps be improved by also requiring equality of representation and powers between the employers and the workers. The Committee requests the Government to supply information on the progress made towards the enactment of this draft Act and, when it is in force, on the establishment of the Commission and the minimum wage fixed under it.

2. The Committee noted in its previous comments that the statistical publication attached to the Government's earlier report on Convention No. 81 included a table (page 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage had been the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerated the five most frequent infringements observed in the first half of 1992, which did not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the observations made by the National Union of Food Industry Workers (SINALTRAINAL) concerning the refusal by certain enterprises in the food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. It notes that these observations were transmitted to the Government by a letter dated 26 February 1996.

In the absence of a reply by the Government, the Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that the minimum rates of wages which have been fixed are binding on the employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention and are effectively applied in accordance with Article 4.

With reference to its previous comments, the Committee notes that section 175 of the General Education Act (No. 115 of 8 February 1994) provides that the wage system of educational staff in state services at the departmental, district and municipal levels shall be determined by Legislative Decree No. 2277 of 1979, Act No. 4(a) of 1992 and other texts which amend or supplement them. The Committee requests the Government: (i) to transmit the texts that are in force concerning the minimum wage rates applicable in accordance with the statutory minimum wage established for the national territory; (ii) to indicate whether these rates apply to all regions, including the Department of Santander, which was explicitly mentioned in the observations made previously by the General Confederation of Workers (CGT); and (iii) to indicate the measures which have been taken or are envisaged to ensure the application at the local level of the above minimum wage rates.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes that the Government has not replied to its previous direct request. It however notes that a draft Act has been prepared to regulate the composition and the functioning of the Permanent Commission under article 56 of the Constitution. The text of the draft Act available to the Committee provides for the minimum wage fixing by the tripartite Permanent Labour Commission, and in the case of failure to reach consensus, by the Government's decree. These provisions would ensure legislative conformity with the Convention. The Committee further notes that the second paragraph of section 3 of the draft Act stipulates the possibility of inviting, among others, employers' and workers' organizations not represented in the Commission to discussions on minimum wage fixing, with the right to speak, and considers that this provision could perhaps be improved by calling for the equality between the employers and the workers. The Committee requests the Government to supply information on the progress made towards the enactment of this draft Act and, when it is in force, on the establishment of the Commission and the minimum wage fixed under it.

2. The Committee noted in its previous direct request that the statistical publication attached to the Government's earlier report on Convention No. 81 included a table (page 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage had been the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerated the five most frequent infringements observed in the first half of 1992, which did not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system (Article 5 and Part V of the report form).

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in reply to the observations made by the General Confederation of Labour (CGT).

The Government indicates that teachers can be engaged on the basis of labour contracts and civil contracts and refers in this connection to a Decree No. 222 of 1993. It describes two methods implemented in 1993 as follows: (a) a system of provision of services ("Ordenes de Prestación de Servicios"), for the primary level, with a period of 10 months and a monthly remuneration of 110,000 pesos; (b) "Horas Catedra", for the secondary, with 13 months of salary, including social benefits. The Government states that these rates are in conformity with the statutory minimum wage established for the national territory.

The Committee notes that Decree No. 0222 of 1993 published in the Official Gazette of 1 February 1993 concerns neither education nor remuneration, and requests the Government to communicate the text of the Decree it referred to. It requests the Government to indicate whether the above rate of 110,000 pesos per month is applicable to all the regions including the Department of Santander, which was specifically memtioned by the CGT, and also to describe how it is ensured that the above-mentioned conditions are observed at local level.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the Government's indication that the permanent tripartite commission under article 56 of the 1991 Constitution which would regulate, among other things, the wages and labour policies has not yet been created. In the meantime, section 147 of the Substantive Labour Code, as amended by section 19 of Act No. 50 of 28 December 1990, provides for the minimum wage fixing by the National Labour Council by consensus, and in the case of failure to reach consensus, by the Government's decree. Noting the information supplied by the Government on the evolution of the minimum wage, the Committee requests the Government to indicate whether the minimum wage has been fixed by the National Labour Council or by the Government's decree. If the latter is the case, please also indicate the means by which the employers and workers concerned are associated in the minimum wage fixing as required by Article 3, paragraph 2(2), of the Convention. The Committee hopes that the Government will provide information in due course on any development regarding the establishment of the commission under article 56 of the Constitution, and on other measures affecting the application of the Convention.

2. Further to the previous comments, the Committee notes the information supplied in the Government's report on Convention No. 99, concerning the restructuring of the labour inspection services with the emphasis on the preventive aspects.

The Committee also notes the information on the labour inspection and other statistical data provided with the Government's report on Convention No. 81. It notes in particular that the statistical publication attached to it includes a table (p. 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage was the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerates the five most frequent infringements observed in the first half of 1992, which do not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system (Article 5 and Part V of the report form).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the observations made in April 1992 by the General Confederation of Labour (CGT) concerning the payment of wages at less than the legal minimum rate to teachers on contract in the Department of Santander, a copy of which was communicated to the Government in May 1992. It notes that the Government does not give its comments on this issue in its report. The Committee requests the Government to communicate information on the enforcement of the minimum wage rates with particular reference to the above-mentioned workers.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes with interest the information provided by the Government in its reports of 1986, 1987 and 1988, concerning the minimum wage rates fixed for these years. The Committee also notes that the Government intends to restructure the Ministry of Labour and Social Security, devoting particular attention to labour inspection services.

The Committee also notes the information supplied by the Government concerning home work and the decision handed down in 1912 by the Supreme Court of Justice with regard to work at home. The Committee hopes that the Government will provide information about more recent court decisions concerning work at home.

Furthermore, the Committee notes that the statistical data provided by the Government concern the sums paid during the period September to October 1987 following the settlement of individual complaints and to the number of undertakings visited that received warnings for infringements of certain labour standards, including failure to pay wages on the date due. However, the Committee found no data on the activities of the labour inspectorate relating to undertakings visited and at which infringements of minimum wage standards were found to have occurred. Further to its previous comments, the Committee requests the Government to supply statistics data on the number of workers covered by the minimum wage system or of those whose wages have been determined by collective agreement (Article 2 of the Convention), as well as information on the activities of the labour inspectorate in connection with the application of this Convention (Article 5 and Part V of the report form). In this connection, the Committee also hopes that the Government will provide information in due course on the changes affecting the Ministry of Labour and Social Security and, in particular, on measures affecting labour inspection with regard to the application of this Convention.