Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Colombia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1967)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1976)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the General Confederation of Labour (CGT), received on 31 August 2018, the observations of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), received on 1 September 2018, as well as the joint observations of the CUT, CTC and CGT, communicated with the Government’s reports, on the application of Conventions Nos 81 and 129. The Committee also notes the Government’s comments, received on 16 November 2018, relating to the observations of the CGT, CUT and CTC of 2018.

Policy on labour inspection. The Committee notes that, according to the information available on the Ministry of Labour website, the Public Policy on prevention, inspection and monitoring 2020–2030 was adopted by Decision No. 345 of 2020, which seeks to contribute to respect for worker protections as well as the promotion of industrial peace and social justice and aims, inter alia, to consolidate the labour inspection system, incorporate a preventive approach in the inspection model, entrench freedom of association and collective bargaining rights and formalize employment relationships. The Committee requests the Government to provide detailed information on the implementation of this policy.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. Further to its previous comments in this respect, the Committee notes that in its reports the Government: (i) indicates that recruitment to posts in public administration, including those of labour inspectors, is carried out through a public, open and merit-based competition, and that public officials selected in this manner acquire rights in the administrative career system once they complete a probation period (six months) following their appointment; (ii) reiterates that although inspectors recruited on a temporary basis enjoy relative job stability, in practice they are rarely dismissed and when they are it is for limited reasons; and (iii) provides information on the turnover of inspectors between 2015 and 2018, specifying that new appointments (307 in total) were made mainly to fill newly created posts or posts vacant after staff departures, (160 in total, for reasons related to voluntary retirement, retirement due to old age or disability, dismissal and death). The Committee notes that the Government does not provide information on the type and duration (temporary or indefinite) of the contracts under which active labour inspectors are employed.

In addition, the Committee notes the Government’s indication that labour inspectors’ salaries increased by 77 per cent between 2009 and 2016 and that no other public servants received a similar salary adjustment during that period. In this regard, the Committee observes that the Organisation for Economic Co-operation and Development (OECD) indicates, in Chapter 3 of its report, entitled OECD Reviews of Labour Market and Social Policies: Colombia 2022 (available in English only), that the Government continues to face challenges in the retention of inspectors, mainly because their salaries are not competitive in the labour market and their location in certain regions of the country is not attractive to some professionals.

With regard to the temporary employment of labour inspectors, the Committee recalls that this is in compliance with Article 6 of Convention No. 81 or with Article 7(1) of Convention No. 129, which provide that the status and conditions of service of inspection staff shall be such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the status of labour inspectors complies with the requirements of Conventions Nos 81 and 129. The Committee also requests the Government to provide information on the type and duration (temporary or indefinite) of the contracts under which inspectors are employed, specifying, as appropriate, the number of inspectors occupying newly created and/or vacant posts. Furthermore, the Committee requests the Government to continue providing statistics on the turnover of labour inspectors and to provide detailed information on their salary and benefits structure in specific comparison with those of other public servants performing similar functions (such as tax inspectors or police officers).

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 29. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes, in response to its previous comments, the Government’s indication that: (i) SISINFO, which contains updated information on the activities of the labour inspectorate (in particular on preliminary inquiries and administrative disciplinary proceedings), was implemented in 2016 and its use has been mandatory for labour inspectorate officials since 2017; (ii) SISINFO does not yet contain sufficiently comprehensive information to draft, without a margin of error, the annual reports required for the Conventions; (iii) quarterly bulletins on inspection, monitoring and control containing general statistics on the functions, competencies and outputs of the labour inspection services are published on the Ministry of Labour website; and (iv) while the implementation of SISINFO is being strengthened, these bulletins will continue to be issued.

The Committee notes that the inspection, monitoring and control bulletins for the fourth quarter of 2018, 2019, 2020 and 2021 contain annual statistics on penalties (enforced and unenforced) imposed in all economic sectors, including agriculture, livestock, hunting, forestry and fishing. The Committee requests the Government to provide information on the steps taken, including in the context of SISINFO, to ensure that the inspection, monitoring and control bulletins continue to include annual statistics on penalties imposed and also cover the other matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, namely: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. The Committee notes the Government’s indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed. The Committee requests the Government to provide information on any progress made in this respect and reminds it that, in accordance with Article 25(1) and (2) of Convention No. 81, any Member State which has excluded, by a declaration appended to its ratification, Part II from its acceptance of the Convention, may cancel that declaration, at any time, by a subsequent declaration.

Issues specifically concerning labour inspection in agriculture

The Committee notes the information provided by the Government in response to its previous comments concerning the Memorandum of Understanding signed in 2015 between the Government and the ILO to promote decent work in agriculture.

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. The Committee notes that, in their observations, the GCT, CTC and CGT continue to refer in critical terms to the functioning of the labour inspectorate in agriculture, mentioning, in particular, the absence of a specialized system of labour inspection in the agricultural sector.

The Committee notes the Government’s indication in this respect that: (i) the labour inspection model in Colombia is generic and therefore does not vary in relation to the monitoring and control of agricultural enterprises; (ii) however, the distribution of labour inspectors in various locations around the country allows for the inspection of activities in the agricultural sector, and priority is given to inspections in the flower growing, palm growing and sugar sectors, among other critical sectors; (iii) since 2018, the labour inspectorate has been pursuing a strategy known as Mobile Inspection (IM) in order to deliver its array of services to all regions throughout the country, with emphasis on rural areas, by organizing inspection teams (consisting of working groups of employers, communities and/or local authorities on existing problems as well as promotional and informational activities), inspection services events and community awareness-raising and training workshops in rural municipalities; and (iv) in 2018, the internal working group for the protection of the labour rights of rural workers was established, in order to bring the central administration and the regions and remote areas closer together and to shape plans, programmes and projects for the effective protection of rural workers’ labour rights.

The Committee also notes that in its report on the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), the Government indicates that the function of IM in the rural sector is primarily preventive, but that if, during the course of its implementation, conduct by employers is observed that indicates a labour standards violation, the appropriate administrative proceedings are instituted. The Government also provides information on the number of municipalities and persons covered in the context of IM between 2018 and April 2022.

In their observations, the CGT, the National Employers’ Association of Colombia (ANDI) and the International Organisation of Employers (IOE) emphasize the implementation of IM. The employers’ organizations also underscore the emphasis of the labour inspectorate on the flower growing, palm growing and sugar sectors.

The Committee notes that the Government considers one of the challenges facing the labour inspectorate to be that of increasing its presence in the different rural areas of the country, and that it therefore broadly proposes to work in a tripartite manner in order to find solutions that will enable the staffing of municipal inspectorates to be strengthened and, also, the formalization of enterprises in rural areas.

The Committee requests the Government to provide updated and detailed information on the implementation of the Mobile Inspection strategy, as well as its impact on the functioning of labour inspection in agriculture.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. Further to its previous comments, the Committee notes that the Government refers to the following actions undertaken in the area of OSH in agriculture: (i) initial steps towards the establishment of a national committee on OSH in agriculture; (ii) conclusion of a cooperation agreement between the Ministry of Labour and the Ibero-American Social Security Organization in 2018 in order to undertake health promotion and prevention of occupational risks activities addressing vulnerable workers, including informal workers in the agricultural sector. The Committee requests the Government to indicate the role assigned to the labour inspectorate in the context of these measures. In addition, while taking note of the absence of information in response to its previous comments, the Committee requests the Government once again, with reference to its request concerning Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 120 (adequate and effectively enforced penalties; discretion to give a warning or advice), to provide disaggregated information on the number and nature of OSH violations detected in agricultural enterprises, as well as the penalties imposed.

The Committee also requests the Government to refer to its comments on Articles 3(1), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 11, 18, 19, 26 and 27 of Convention No. 129 (labour inspection functions in the area of occupational safety and health (OSH); industrial accidents and cases of occupational disease).

Article 9(3). Adequate and further training. Further to its previous comments on the training of labour inspectors in matters related to work in agriculture, the Committee notes the Government’s indication that: (i) the resources available for training increased by 41 per cent between 2016 and 2017 and 52 per cent between 2017 and 2018; and (ii) in 2017, the internal working group for the management of training and analysis of labour inspection, which is responsible for organizing, directing and evaluating the necessary arrangements for training activities addressing labour inspectors and other public employees in areas related to inspection, was established in the Ministry of Labour. Furthermore, the Committee notes that, according to the information available on the Ministry of Labour website, the internal working group for the protection of the labour rights of rural workers, established in 2018, is required to coordinate with the competent authorities to organize training, information and refresher events aimed at building the skills of actors in the labour inspection system in respect of labour inspection in rural areas.

The Committee also notes the information provided by the Government on the training courses provided to labour inspectors in 2021, including the number of participants and the topics addressed, which include prevention and protection against occupational hazards, as well as the inspection protocols applicable to the flower growing, palm growing and sugar sectors, among others. In addition, the Committee notes the Government’s proposal to explore, in a tripartite manner, solutions that would allow the development of thematic inspection protocols, targeting specific groups, that include a gender approach and other approaches to diversity. The Committee requests the Government to provide information on any measures adopted in this respect, as well as on their results.

Article 17. Preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Further to its previous comments, the Committee notes the Government’s indication that in 2015 and 2017, standards were adopted regarding the OSH management system that employers or contractors are required to implement and that in 2018, a technical guide was being prepared on the implementation of this system in the agricultural sector, without reference to measures taken to give effect to Article 17 of Convention No. 129. The Committee requests the Government to provide information on the measures taken or envisaged in order to ensure that labour inspection services participate, in the instances and the manner determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in agriculture. In this respect, the Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.

[The Government is asked to reply in full to the present comments in 2023.]