Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Unemployment Convention, 1919 (No. 2) - Colombia (Ratification: 1933)

In its direct request in 2010, the Committee invited the Government to send its comments on the observations received from the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), which were forwarded to it in September 2010. The Committee notes the replies to the comments made by the trade union organizations, which were received in May and July 2011. The CGT and also the CUT together with the CTC made new comments, which were forwarded to the Government in September 2011.

Measures to combat unemployment. In their comments, the CTC and the CUT emphasized the unemployment rate, which affects 12.5 per cent of the population (first half of 2010) and the high level of precarious employment in the labour market. The CTC and the CUT referred to the concluding observations of the Committee on Economic, Social and Cultural Rights at its 44th Session in May 2010, in which it recommended the Government to “take effective measures to reduce the high rate of unemployment; design specific policies and strategies aimed at creating employment opportunities for young persons, women, indigenous and afro–Colombian peoples; continue the vocational training programmes for young persons, as well as incentives already adopted”. The Committee on Economic, Social and Cultural Rights also recommended the Government to “promote employment opportunities while improving the working conditions in the informal economy and rural areas, in particular with regard to low wages and social security benefits” (E/C.12/COL/CO/5, paragraph 11). In the reply received in May 2011, the Government indicates that the National Development Plan 2010–14 sets as a priority the generation of formal employment. The Government is promoting the modernization of the labour market and establishing a system of protection for those made redundant and a system of employment services (SNIL). Act No. 1429 of December 2010 is intended to provide incentives for formalization at the initial stages of enterprise creation by seeking to increase profits and decrease the costs of formalization. The Committee requests the Government to provide detailed information in its next report on the results achieved in the context of the National Development Plan 2010–14 and the application of Act No. 1429 of 2010 to combat unemployment (Article 1 of the Convention).

Article 2. Labour market mediation. The CGT expressed the view that labour market mediation makes employment precarious, avoids the social responsibility of enterprises and reduces the quality of life for workers. In this respect, the CGT denounces enterprises known as associated work cooperatives which are exempt from the Substantive Labour Code. The Government included information in its report on the number of associated work cooperatives and on the operation of temporary employment agencies. The National Directorate of Temporary Work Agencies lists a total of 486 authorized agencies (between 2006 and 2009) which offer an option for seeking and obtaining employment for those who are unemployed. During this period, user enterprises sought over 3 million persons to meet their staffing needs and 2,918,794 persons were placed in employment. In the reply received in July 2011, the Government indicated its concern at the clear misuse of associated work cooperatives and pre-cooperatives. New regulations have been issued for such entities (Decree No. 4388 of December 2006) and a programme of inspection and monitoring was launched by the Ministry of Social Protection. In its 2010 General Survey concerning employment instruments, the Committee recalled the historical context in which Convention No. 2 was adopted in 1919. Convention No. 2 recognizes the coexistence of free public and private agencies and calls for the coordination of the operations of public and private agencies. More recent instruments, such as the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181), acknowledge the role played by public and private agencies in ensuring an optimal operation of the labour market. In the 2010 General Survey, the Committee noted the concerns expressed by trade union organizations concerning the growth of “pseudo cooperatives”, in the form of false associated work cooperatives, the emergence of which is often accompanied by the destruction of jobs and by massive lay-offs (2010 General Survey, paragraph 463). In this context, the Committee invites the Government to provide updated information on the operation of temporary work agencies and the coordination of their activities with those of the public employment service. The Committee also requests the Government to provide information on the measures which ensure that cooperatives which intervene in the placement of workers comply with the values and principles set out in the Promotion of Cooperatives Recommendation, 2002 (No. 193).

Unemployment insurance. The CUT and the CTC indicate in their comments that the country has not concluded agreements to guarantee unemployment insurance for migrant workers who could be protected by agreements between the member States which have ratified the Convention. The Committee invites the Government to provide information on the Employment Promotion and Unemployment Protection Fund, including all the data requested in the report form under Article 3 of the Convention.