Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

The Committee takes note of the Government's report and reminds that in its previous direct request the Committee also asked the Government to provide information on the mass dismissals in the public sector (Act No. 60 and the decrees issuing its regulations) and the growing use of short-term contracts (including contracts of less than 30 days) in the private sector (Act No. 50) - inter alia by placement agencies or temporary employment agencies - and in the public sector. The Committee considered that such measures could weaken the trade union movement and could be used for anti-trade union purposes.

In this connection, the Committee notes from the information supplied by the Government that Decree 1660 of 1991 (issuing the regulations of Act No. 60 of 1990) was declared unconstitutional by a decision of the Constitutional Court on 13 August 1992. With regard to short-term contracts, the Committee notes that, according to the Government, short-term contracts are voluntary in nature and are used in the case of workers who possess no technical skills, and that they in no way affect the right to conclude collective agreements which is guaranteed by law to trade union organizations. The Government adds that short-term contracts are used in sectors where there is no organized labour, but where trade unions do exist they have concluded collective agreements guaranteeing rights established by law, including contracts of indefinite duration. The Government states in conclusion that the regulation of temporary employment agencies in sections 71 to 94 is intended to prevent non-observance of workers' minimum legal rights. The Committee urges the Government to take the necessary measures to ensure that, within the framework of the standing tripartite committee provided for in the new Constitution (article 56), consultations are held with the social partners to ensure, in particular, that the Government's structural adjustment policy has no adverse effects on the exercise of trade union rights.

In its previous direct request, the Committee observed that in the legislation, works unions were given precedence over industrial unions, as federations and confederations cannot negotiate directly (they act only in an advisory capacity for their members in the event of disputes, pursuant to section 426 of the Labour Code); industrial unions can only negotiate or call strikes if more than half of the workers in the enterprise are members (section 376 of the Code), and that sympathy strikes or strikes declared directly at different levels of the enterprise are excluded.

Since the Government provided no information whatsoever on these matters, the Committee again asks it to do so.

The Committee hopes that the next report will contain the information which the Government has not yet provided.