Informe provisional - Informe núm. 331, Junio 2003

Caso núm. 2226 (Colombia) - Fecha de presentación de la queja:: 22-OCT-02 - Cerrado

Allegations: The complainants allege the default on a collective agreement concluded between the Ministry of Labour and the Social Security Institute with SINTRASEGURIDADSOCIAL, dismissals in conjunction with successive restructuring at the San Vicente de Paul Hospital of Caldas-Antioquia, the dismissal of the entire executive committee of the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC) without judicial authorization, anti-union harassment against a trade union leader of SINDICIENAGA in the Municipality of Ciénaga, Department of Magdalena, the withholding of trade union fees and the dismissal of 38 members, alleged by UTRADEC.

1. 291. The complaint is contained in a communication from the Single Confederation of Workers of Colombia (CUT), and from the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC) dated 18 October 2002 and in a communication from the Social Security Workers’ Union (SINTRASEGURIDADSOCIAL) dated 22 October 2002. The Union of State Workers of Colombia (UTRADEC) submitted further allegations in a communication dated 3 March 2003. The CUT sent new allegations dated 14 February 2003.
2. 292. The Government sent its observations in a communication dated 13 January 2003.
3. 293. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. The complainants’ allegations

1. 294. In its communication dated 18 October 2002, the Single Confederation of Workers of Colombia (CUT) and the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC) allege that the San Vicente de Paul Hospital of Caldas-Antioquia has carried out five restructuring processes since 1998 and that during the fifth in 2002, 150 workers were dismissed who, according to the complainants, will be replaced by cooperatives. The complainant adds that on 8 October 2002, the entire executive committee of the ANTHOC was dismissed without authorization by a judge.
2. 295. In its communication dated 22 October 2002, the Social Security Workers’ Union (SINTRASEGURIDADSOCIAL) alleges default on the collective agreement concluded between the Ministry of Labour and Social Security and the Social Security Institute with the trade union on 31 October 2002 in conjunction with a framework agreement. The complainant indicates that the current Government is not complying with it and lists the provisions that are not respected, including: (a) the measures to maintain the unity of the Social Security Institute; (b) the admission of workers’ delegates to the management board of the Social Security Institute; and (c) the preparation of a personnel policy. The complainant also alleges that approximately 5,000 plant workers have been suspended and that the Institute intends to dismiss the contracted workers.
3. 296. In its communication dated 3 March 2002, the Union of State Workers of Colombia (UTRADEC) alleges: (a) the anti-union harassment of Ms. María Teresa Romero Constante, president of SINDICIENAGA, by the authorities of the Institute of Traffic and Municipal Transport of Ciénaga, Department of Magdalena, who refused to negotiate with her in particular, and issued threats to make her leave the trade union; (b) the dismissal of 38 trade union members; (c) the default on the collective agreement in respect of the payment of travelling expenses; and (d) the withholding of trade union fees.
4. 297. In its communication of 14 February 2003, the CUT alleges the dismissal without suspension of trade union immunity and other acts of anti-union harassment against Ms. Gloria Castaño Valencia for having protested against the dismissal of her colleagues.

B. The Government’s reply

1. 298. In its communication dated 13 January 2003, the Government indicates: (a) regarding the allegations concerning the dismissal of 150 workers and of the entire executive committee of the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC) at the San Vicente de Paul Hospital of Caldas-Antioquia, the territorial directorate of Antioquia has initiated an administrative labour investigation against the hospital to verify the points contained in the complaint; (b) concerning the allegations relating to the default on the collective agreement and the suspension of 5,000 workers by the Social Security Institute alleged by the Social Security Workers’ Union (SINTRASEGURIDADSOCIAL), the territorial directorate of Bogotá and Cundinamarca has initiated an administrative labour investigation against the Social Security Institute, and the 15th labour inspection office was appointed for this purpose, and invited the parties to attend a conciliation hearing on 26 December 2002, which did not take place owing to the failure of both parties to appear.

C. The Committee’s conclusions

1. 299. The Committee observes that the present allegations refer to: (a) the massive dismissal of workers from the San Vicente de Paul Hospital of Caldas-Antioquia in conjunction with a restructuring process and including the entire executive committee of Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC), without the judicial authorization required by law, the intention being to contract new workers under the category of cooperatives; (b) the default on the collective agreement concluded between the Social Security Workers’ Union (SINTRASEGURIDADSOCIAL) and the Social Security Institute; (c) the suspension of 5,000 plant workers and the intention to dismiss the contracted workers; (d) the anti-union harassment of Ms. María Teresa Romero Constante, president of SINDICIENAGA, by the authorities of the Institute of Traffic and Municipal Transport of Ciénaga, Department of Magdalena, who refused to negotiate with her in particular, and issued threats to make her leave the trade union; (e) the dismissal of 38 trade union members; (f) the withholding of trade union fees; and (g) the default on the collective agreement as regards the payment of travelling expenses.
2. 300. The Committee notes the Government’s observations whereby administrative labour investigations have been initiated in respect of the allegations submitted by the Single Confederation of Workers of Colombia (CUT) and the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC) concerning restructuring (with the dismissal of 150 workers and the executive committee of the ANTHOC) at the San Vicente de Paul Hospital, and by SINTRASEGURIDADSOCIAL concerning the default on the collective agreement and the suspension of 5,000 workers by the Social Security Institute. The Committee notes that, according to the Government, referring to the allegations of the suspension of 5,000 workers and the default on the collective agreement by the Social Security Institute, the 15th labour inspection office, appointed to carry out the investigation, invited both parties to a conciliation hearing on 26 December 2002; nevertheless, the Government indicates that neither the complainant nor the representatives of the Institute attended it.
3. 301. In general terms, with respect to the massive dismissals in conjunction with the restructuring processes, the Committee recalls that it can only examine allegations concerning economic rationalization programmes and restructuring processes, whether or not they imply redundancies or the transfer of enterprises or services from the public to the private sector, only in so far as they might have given rise to acts of discrimination or interference against trade unions. In any case, the Committee can only regret that in the rationalization and staff reduction process, there was no attempt to consult or try to reach an agreement with the trade union organizations [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 935]. The Committee will examine the alleged dismissals exclusively from this angle.
4. 302. The Committee observes that in the framework of all the massive dismissals at the San Vicente de Paul Hospital (150 workers), according to the complainants the executive committee of the ANTHOC was dismissed without the judicial authorization required under Colombian legislation. The Committee recalls, as it has done so on previous occasions, that recognition of a priority should be given to workers’ representatives with regard to their retention in employment in case of reduction of the workforce to ensure their effective protection [see Digest, op. cit., paras. 960 and 961].
5. 303. In these conditions, the Committee requests the Government to take steps to ensure that the investigation initiated by the territorial directorate of Antioquia is completed without delay and, if it is found that there was no judicial authorization to dismiss the members of the executive committee of the ANTHOC (which constitutes an obligatory legal requirement for dismissal), the dismissed officials are reinstated in their jobs and are paid their back wages. The Committee requests the Government to keep it informed in this respect.
6. 304. Concerning the alleged default on the collective agreement concluded between the Ministry of Labour and Social Security and the Social Security Institute with SINTRASEGURIDADSOCIAL, and to the suspension of 5,000 workers with possible dismissal, the Committee notes that the administrative authorities have initiated an investigation (referred to above) and that as part of it a conciliation process was begun. The Committee observes, however, that according to the Government, the parties (as indicated above) did not attend the conciliation hearing convened by the labour inspectorate on 26 December 2002. The Committee stresses the importance of the parties attending hearings convened by the administrative authority in order to reach an agreement satisfactory to both parties as soon as possible. The Committee requests the Government to take steps to ensure that the investigation covers all aspects of the allegations and is promptly completed. The Committee requests the Government to keep it informed in this respect.
7. 305. With regard to the allegations submitted by the Union of State Workers of Colombia (UTRADEC) concerning: (a) the anti-union persecution of Ms. María Teresa Romero Constante, president of SINDICIENAGA, by the authorities of the Institute of Traffic and Municipal Transport of Ciénaga, Department of Magdalena, who refused to negotiate with her in particular, and issued threats to make her leave the trade unions; (b) the dismissal of 38 trade union members; (c) the default on the collective agreement as regards the payment of travelling expenses; and (d) the withholding of trade union fees, the Committee regrets that the Government has not replied to these allegations and urges it to send its observations without delay.
8. 306. With regard to the recent communications of the CUT relative to the dismissal without suspension of trade union immunity and other acts of anti-union harassment against Ms. Gloria Castaño Valencia, the Committee requests the Government to transmit its observations in this respect.

The Committee's recommendations

1. 307. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take steps to ensure that the investigation initiated by the territorial directorate of Antioquia is completed without delay and, if it is found that there was no judicial authorization to dismiss the members of the executive committee of the Trade Union Association of Workers and Public Officials in the areas of Health, Integral Social Security and Complementary Services of Colombia (ANTHOC), the dismissed officials are reinstated in their jobs with payment of back wages. The Committee requests the Government to keep it informed in this respect.
   • (b) Concerning the alleged default on the collective agreement concluded between the Ministry of Labour and Social Security and the Institute of Social Security with the Social Security Workers’ Union (SINTRASEGURIDADSOCIAL), and the suspension of 5,000 workers with possible dismissal, the Committee notes that the administrative authorities have initiated an investigation and that, as part of it, a conciliation process was begun. The Committee stresses the importance of the parties attending hearings convened by the administrative authority in order to reach an agreement satisfactory to both sides as soon as possible. The Committee requests the Government to take steps to ensure that the investigation covers all aspects of the allegations and that it is promptly completed. The Committee requests the Government to keep it informed in this respect.
   • (c) With regard to the allegations submitted by the Union of State Workers of Colombia (UTRADEC) concerning the anti-union persecution of Ms. María Teresa Romero Constante, president of SINDICIENAGA, by the authorities of the Institute of Traffic and Municipal Transport of Ciénaga, Department of Magdalena, who refused to negotiate with her in particular, and issued threats to make her leave the trade union, the dismissal of 38 trade union members, the default on the collective agreement as regards the payment of travelling expenses, and the withholding of trade union fees, the Committee urges the Government to send its observations without delay.
   • (d) With regard to the allegations presented by the Single Confederation of Workers of Colombia (CUT) relative to the dismissal without suspension of trade union immunity and other anti-union acts against Ms. Gloria Castaño Valencia, the Committee requests the Government to transmit its observations in this respect.