Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s report in reply to the comments made by the Colombian Workers’ Confederation (CTC) in a communication dated 21 June 2002, which refer among other matters to the denial of the right of collective bargaining for workers in the public administration. The Committee also notes the comments made by the World Confederation of Labour (WCL) referring to the absence of collective bargaining in the public administration and recourse to collective accords in parallel with collective agreements.

1. The Committee recalls once again that it has been referring for many years to the need to give effective recognition to the right of public employees who are not engaged in the administration of the State to collective bargaining and observes that the Government’s report does not refer to this matter. The Committee emphasizes that, in accordance with the provisions of Convention No. 98, public employees who are not engaged in the administration of the State should enjoy the right to collective bargaining. The Committee regrets that the Government has still not taken legislative measures to establish the right of public employees to collective bargaining. The Committee requests the Government to provide information in its next report on any measure adopted in this respect and hopes that it will be able to note tangible progress in the near future.

2. The Committee also recalls that in its observation in 2002 it referred to enterprise, government and judicial practices giving preference to collective accords with non-unionized workers, disregarding collective agreements and existing trade unions. The Committee notes that the Government does not refer to this matter and once again recalls that Article 4 of the Convention calls for the full development and utilization of machinery for voluntary negotiation with workers’ organizations with a view to the regulation of terms and conditions of employment by means of collective agreements, and that direct negotiations with workers should only be possible in the absence of trade union organizations. The Committee once again requests the Government to provide information on any measure adopted in this respect and on the total number of collective agreements and collective accords, and the number of workers covered by them.