Effect given to the recommendations of the committee and the Governing Body - Report No 381, March 2017

Case No 3063 (Colombia) - Complaint date: 04-MAR-14 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 24. The Committee last examined this case, concerning the allegation of violations of the right to collective bargaining in a number of enterprises within the energy sector, at its June 2015 meeting [see 375th Report, paras 116–135]. On that occasion, the Committee encouraged the Quindío Power Company (EDEQ SA ESP) and the complainant organization (the Trade Union of Electricity Workers of Colombia (SINTRAELECOL)) to intensify their efforts, begun in 2014, to establish relations built on dialogue and mutual respect and requested the Government to keep it informed of the results of the negotiations. In addition, the Committee invited the complainant and the Pacific Power Company (EPSA) to consider the use of domestic (national) conciliation mechanisms in order to resume the dialogue, and requested the Government to keep it informed of developments in the situation and of the outcome of the appeal for annulment of the arbitral award in relation to the collective dispute between the said enterprise and the complainant.
2. 25. The Committee notes the information provided by the Government in its communication dated 15 February 2015. The Government states that the Labour Cassation Chamber of the Supreme Court of Justice, through a ruling dated 6 February 2014, decided not to annul the arbitral award issued to resolve the collective dispute between EPSA and SINTRAELECOL, with the exception of the wage increase that was set by the Court to take retroactive effect from 1 March 2011 instead of 1 January 2011. The Government adds that the Quindío Power Company initiated a new bargaining process with SINTRAELECOL, culminating in the signing of an agreement, in force in 2017, which helped to establish industrial peace in the enterprise. The Committee notes this information with satisfaction.
3. 26. In an additional communication dated 9 March 2016, regarding the situation of relations between SINTRAELECOL and Termotasajero SA, concerning which the Committee had decided not to pursue its examination of the allegation of misinterpretation of a provision of the collective agreement, the Government indicates that: (i) the enterprise and the trade union signed a collective agreement in February 2016; and (ii) the trade union expressed its satisfaction with the contents of the agreement reached, which, according to the trade union itself, constitutes a new reference framework. The Committee notes this information with satisfaction. In the light of the various pieces of information provided, the Committee will not continue its examination of the present case.