Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Colombia (Ratification: 1976)

The Committee takes note of the Government's report, the discussions that took place at the Conference Committee in 1991 and the report on the direct contacts mission conducted in Colombia from 16 to 20 September 1991.

The Committee observed that section 57 of Act No. 50 of 28 December 1990 amends section 406 of the Labour Code so as to permit the establishment of "mixed organisations of official employees and public employees, which, in their activities, shall take into account the limitations set out by law regarding the legal status of their members in respect of the administration". The Committee requested the Government to indicate whether, on the basis of this provision, workers who are members of organisations of public employees and of mixed organisations (of public employees and official employees) enjoy the protection set out in the Labour Code (or any other provisions of laws or regulations) against acts of anti-union discrimination.

With regard to the right to collective bargaining by organisations of public employees, the Committee recalled that the Convention covers all workers, the only possible exception being public servants who are engaged in "the administration of the State"; it requested the Government to take measures to amend the legislation (sections 414 and 416 of the Labour Code) in order to grant to those "public employees" who are not engaged in the administration of the State, the guarantees set out in the Convention in respect of the negotiation of collective agreements. The Committee asked the Government to report on any developments in this respect. Furthermore, the Committee notes the information contained in the mission report, to the effect that a Presidential Directive (No. 38 of 26 December 1990) confirms the prohibition placed on unions of public employees from concluding collective agreements (section 416 of the Labour Code).

The Committee again requests the Government to provide detailed information in its next report on the questions raised and expresses the hope that it will be able to note concrete improvements in the application of the Convention in the near future.