Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay Convention, 1936 (No. 52) - Colombia (Ratification: 1963)

Article 4 of the Convention. Relinquishment of annual leave. The Committee notes that section 20 of Act No. 1429 of 29 December 2010 modifies section 189, paragraph 1, of the Labour Code which prohibited the payment of compensation in cash for leave without the authorization (for up to half of the leave) of the Ministry of Labour, in special circumstances where the national economy or industry might otherwise suffer. As amended, section 189 now stipulates that an employer and a worker may, at the latter’s request, agree in writing for up to half of the leave to be paid in cash by way of compensation. The Committee recalls that such a provision is contrary to the principle of the Convention which prohibits any agreement to relinquish the right to paid annual leave or to forego such leave in exchange for compensation, save in the event of cessation of the work relationship. The Committee also recalls that the same principle is embodied in Article 12 of the Holidays with Pay Convention (Revised), 1970 (No. 132). The Committee therefore invites the Government to consider amending section 189 of the Labour Code as it now stands so as to guarantee that workers benefit from all the leave period to which they are entitled.

Furthermore, the Committee notes the comments from the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), received on 30 August 2013 and forwarded to the Government on 16 September 2013. The CUT and CTC object to the fact that the maintenance of associated work cooperatives and pre-cooperatives as an alternative to the common system of work prevents a number of workers from being able to take holidays. Despite the Government’s efforts at regularization, there is no proper verification to ensure that cooperatives and pre-cooperatives do not play an intermediary role in employment relationships tending towards violations of the labour legislation. The CUT and CTC also complain that contracts for services and task contracts in both the public and private sectors, conceal the existence of employment relationships in which the right to holidays with pay is not recognized. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the CUT and the CTC.