Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Colombia (Ratification: 2000)

Articles 1 and 4 of the Convention. Application of the Convention to precarious workers in the public administration and their protection against anti-union discrimination. The Single Confederation of Workers (CUT) indicated in observations in 2011 and 2014 that many precarious public employees (workers engaged under service contracts, workers subcontracted through temporary work agencies or “trade union contracts”) are not able to benefit from trade union rights due to the fear that their contracts will not be renewed in the event of membership of a union and because of the absence of adequate measures to protect against anti-union discrimination. In particular, the CUT indicates that service contracts are reported to be broadly used to cover permanent jobs in the public administration, particularly in regional entities where, as indicated in official documents, the number of “service providers” exceeds the number of employees.

The Committee notes the Government’s indication in its report that administrative service contracts do not constitute an employment relationship and that trade union rights are not therefore applicable to such contracts. While recalling that it has already indicated its views, in the context of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on the right to trade union membership of workers covered by service contracts, the Committee recalls that, under the terms of Article 1 of the Convention, with the exceptions explicitly envisaged in paragraphs 2 and 3, the rights and guarantees of the Convention are applicable to all persons employed by public authorities. In this regard, the Committee notes the information provided by the Government concerning its labour formalization policy and its results. The Committee also notes that labour formalization in the public sector forms part of the working agenda of the Sectoral Committee for the Public Sector of the Standing Committee for Dialogue on Wage and Labour Policies. Under these conditions, the Committee trusts that the concerns expressed by the CUT will be examined by the Standing Committee for Dialogue on Wage and Labour Policies, together with the adoption of measures to prevent and punish acts of anti-union discrimination against precarious workers in the public sector, and that this examination will lead to the adoption of the corresponding improvements. The Committee requests the Government to report any developments in this regard.

Article 6. Facilities to be afforded to public employees’ organizations. In its previous comments, the Committee requested the Government to indicate the applicable facilities under the terms of the law and whether facilities have been established for public employees’ organizations through collective agreements, and to provide specific examples. The Committee notes that the Government has provided copies of some specific clauses in collective agreements concerning trade union leave. The Committee also notes the following indications by the Government: (i) section 416-A of the Substantive Labour Code respecting trade union leave is applicable to members of the trade union organizations of public servants; and (ii) Decree No. 160 of 2004 provides guarantees for trade union leave for public servants during the negotiation of claims.

The Committee notes that section 416-A of the Substantive Labour Code, while recognizing the right of trade union organizations of public servants to be granted trade union leave by public entities, also provides that the national Government shall regulate this subject, in consultation with the representatives of trade union confederations. The Committee also notes that the provisions of Decree No. 160 of 2014 respecting trade union leave are confined to participation in the negotiation of claims. The Committee requests the Government to submit these issues to tripartite dialogue, report on any developments in the regulations applicable to the facilities that are to be afforded to public employees’ organizations (both trade union leave and other types of facilities) and to continue providing specific examples of the inclusion of clauses of this type in collective agreements.