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.]