Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the Single Confederation of Workers of Columbia (CUT), the General Confederation of Labour (CGT) and the Confederation of Workers of Columbia (CTC), received on 29 August and 2 September 2015.

Article 1 of the Convention. Measures to combat unemployment. The Government indicates in its report that in 2014 the national unemployment rate was 9.1 per cent, the lowest since 2001. Between 2010 and 2014, the female unemployment rate fell by 3.7 per cent to 11.9 per cent and the youth unemployment rate dropped by 4.2 per cent to 15.8 per cent. However, between 2013 and 2014, the unemployment rate rose in the departments of Chocó and César. The Government adds that, in conjunction with the workers’ organizations and the employers’ sector, five decent work agreements were drawn up, to be implemented in the period 2014–18. Furthermore, in the context of the formalization agreement, the Government is seeking a consensus between the various players involved, taking into account the demographic and territorial features of the various regions. The Committee notes with interest that, pursuant to Decree No. 567 of 19 March 2014, a National Labour Formalization Network was set up and that it has the support of the Public Employment Service and the private sector. Between July 2014 and June 2015, 3,293 workers were formalized in the agriculture, livestock, game, forestry and mining sectors. In 2014, a total of 76,888 “formalized” small enterprises made social security contributions for 578,953 workers. The Government indicates that more than 13,000 vocational training scholarships have been granted to persons from vulnerable groups under the Talent for Employment programme. The CUT observes that a large proportion of the economically active population works in the informal economy or in precarious working conditions, mostly in the commerce, hotels and restaurants, construction and transport sectors. The problem of informality is also raised by the CTC and the CGT. The towns with the largest numbers of informal workers are Cúcuta, Sincelejo and Santa Marta. The Committee requests the Government to continue to provide up-to-date information on the results of the measures to combat unemployment, particularly the ones that target the most vulnerable groups and economically underprivileged areas. The Government may find it useful to take account of the guidance provided in the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204).

Article 2. Labour market intermediation. The Committee recalls having noted in its previous observation that associated work cooperatives and temporary employment agencies undertook labour market mediation activities. The Committee notes that the CUT reiterates in its observations of September 2015 its concern regarding the increase in illegal subcontracting phenomenon and point out that, while associated work cooperatives cannot carry out mediation while it is forbidden; on the other hand, temporary employment agencies do not comply with existing regulations. The Committee notes in this regard that, in order to prevent associated work cooperatives and pre-cooperatives from acting as labour market mediation agencies, the Government issued Decree No. 2025 of 8 June 2011 which provides for penalties for violating the prohibition against participation in labour market mediation activities of associated work cooperatives and pre-cooperatives. Moreover, in reply to the CGT observations concerning labour mediation undertaken by associated work cooperatives, the Government indicates that employers are under an obligation not to engage workers to carry out permanent work through associated work cooperatives or pre-cooperatives. The Government adds that they do not necessarily engage in employment management or job placement; rather, they act as direct employers for workers who offer their services to third parties through temporary work agencies. The Committee requests the Government to continue to provide information on the operation of labour mediation agencies. Please include information on the impact of the measures taken to prevent cooperatives and pre-cooperatives from acting as labour market mediation agencies. The Committee also requests the Government to indicate whether other measures have been adopted in order to ensure that cooperatives comply with the guidance provided for in the Promotion of Cooperatives Recommendation, 2002 (No. 193).

Article 3. Unemployment insurance. The Committee notes with interest that Act No. 1636 of 18 June 2013 set up a mechanism to protect the unemployed which covers all workers in the public and the private sectors, whether employees or self-employed, who contribute to family benefit funds, regardless of the form of their employment relationship. The Committee requests the Government to continue to provide information on the application of the mechanism for the protection of the unemployed.