Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Collective Bargaining Convention, 1981 (No. 154) - Colombia (Ratification: 2000)

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The Committee takes note of the joint observations of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT) and of the observations of the National Employers’ Association of Colombia (ANDI) received on 1 September 2023.

With regard to its previous comments on collective bargaining in the private sector and the subjects covered by collective bargaining, the Committee refers to its comments concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Collective bargaining in the public administration. In the context of its observation concerning Convention No. 98, the Committee noted with satisfaction the signing, on 23 June 2023, of a new State Agreement with 35 trade union organizations for the benefit of some 1,300,000 public sector workers. The Committee notes that the Government states in particular that: (i) the agreement contains benefits for the strengthening of collective rights, well-being at work, a better quality of life for the country’s public employees, benefits for administrative careers, gender mainstreaming, respect for freedom of association and labour policy ; (ii) the Government undertakes to submit a draft amendment to Law no. 2094 of 2021 to include discrimination, persecution, violence and any other anti-union behaviour against trade union leaders as punishable behaviour; and (iii) by Resolution no. 2363 of 19 July 2023, the agreements reached in the 2023–25 collective agreement between the trade union organizations and the Ministry of Labour were adopted.

The Committee also notes the comments made by the central unions that future negotiations should respect the terms of Decrees No. 160 of 2014 and No. 1072 of 2015, given that the negotiating table was set up two months after the submission of the list of demands, and that measures should be taken to improve the methodology for conducting negotiations. The Committee also notes that the central unions state: (i) that there are no legal mechanisms for enforcing collective agreements between workers’ organizations and State entities; (ii) that they have been obliged to resort to mechanisms that transform the agreement into an administrative act in order to enforce it; and (iii) that it is at local level that they encounter the greatest difficulties in enforcing collective agreements.

The Committee requests the Government to provide information on the remedies available to enforce collective agreements between public employees and public administration bodies. The Committee also encourages the Government to continue the dialogue with the central unions on the improvements to be made to the methods of negotiation in the public administration.