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

Labour Inspection Convention, 1947 (No. 81) - Colombia (Ratification: 1967)

The Committee previously noted the discussions in the Committee on the Application of Standards (CAS) at the 103rd Session of the International Labour Conference (May–June 2014) on the application of the Convention.

The Committee notes the observations made by the Confederation of Workers of Colombia (CTC) received on 29 August 2015, and the observations made by the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), both received on 2 September 2015, indicating that the measures referred to by the Government to strengthen the labour inspection services have been without concrete results and are still insufficient to achieve the effective protection of labour rights. It further notes the joint observations made by the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 1 September 2015, highlighting the progress made in various areas with regard to labour inspection. The Committee requests the Government to provide its comments in relation to these observations.

The Committee notes the Government’s commitment to continue strengthening the labour inspection system and its reference to the National Development Plan for 2014–18. The plan includes the strengthening of the labour inspection system as one of the objectives of the national policy at the highest level, with the purpose of contributing to the formalization of labour relationships, the respect of freedom of association rights and the increase in the affiliation and protection in the social security system.

Articles 10 and 16 of the Convention. Number of labour inspectors exercising functions within the meaning of the Convention. Number of labour inspections. In its previous comment, the Committee noted the Government’s indication that the number of approved labour inspection posts had increased from 424 in 2010 to 904 in 2014, and that the number of labour inspectors appointed had increased from 530 in August 2013 to 715 in November 2014. The Committee notes with concern from the statistics provided by the Government that the number of labour inspections has decreased from 10,253 in 2011 to 8,037 in 2014. However, the Committee notes with interest the Government’s indications in its report that the number of labour inspectors has further increased from 715 in November 2014 to 826 in September 2015. It also notes the Government’s indications that the remaining posts should soon be filled. The Committee requests the Government to provide information on the progress made with filling the approved labour inspection posts. It also requests the Government to continue to provide information on the number of labour inspections undertaken and to provide an explanation for the decrease in the number of labour inspections between 2011 and 2014.

Articles 11(1)(b) and 15(a). Transport facilities and the principle of the independence and impartiality of labour inspectors. The Committee previously observed that section 3(2) of Act No. 1610 of 2013, which enables labour inspectors to seek logistical assistance from employers or workers to gain access to workplaces liable to inspection, where conditions on the ground so require, is inconsistent with the provisions of the Convention, and contrary to the impartiality and authority that are necessary for inspectors in their relations with employers and workers. In this regard, the Committee notes the Government’s indications submitted under the Labour Inspection (Agriculture) Convention, 1969 (No. 129) the Government has prepared a draft decree partially modifying section 3(2) Nr. 5 of Law No. 1610 of 2013 which would allow public sector entities to enter into inter-institutional agreements between territorial directorates to facilitate the transport of labour inspectors where necessary. The Committee trusts that the abovementioned draft decree will soon be issued, and requests the Government to communicate a copy of it once it has been issued. In this respect, it also once again encourages the Government, for the purpose of legal certainty, to consider amending section 3(2) of Act No. 1610 by excluding the possibility of labour inspectors to seek logistical assistance from employers or workers to gain access to workplaces liable to inspection.

The Committee is raising other matters in a request addressed directly to the Government.