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

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



The Government provided the following written information.

The Government notes the Committee’s request to guarantee the protection of workers against possible reprisals by employers. It issued Resolution No. 1867 on 13 May 2014 guaranteeing the confidentiality of all complaints. The public service would need to take steps to guarantee that confidentiality. The Committee also questioned a section of Act No. 1610 of 2013 to the effect that certain isolated areas, for example in the mining and petroleum sector, can only be reached by using transport made available by the company or trade union. Although the Act is designed for the labour inspectors’ safety, it was only invoked on rare occasions and commonly agreed between the employers and workers. The Government believes that appropriate regulations under the Act can respond to this concern. An appropriate decree has therefore been drafted that is still under discussion; it can be found on the Ministry of Labour’s website. The new decree would allow state enterprises to enter into inter institutional agreements to facilitate the transport of labour inspectors and ensure that they did not have to rely on either employers or workers. If such regulations prove inadequate, the Government is prepared to take additional steps, such as appealing against the Act before the Constitutional Court or submitting a Bill to repeal it. With regard to the preventive approach to labour inspection, and the powers of inspectors in relation to occupational safety and health, Resolution No. 2143 of 2014 was issued under Act No. 1610 of 2013 setting out the kind of guidance, advice and assistance that labour inspectors can give; specific groups of inspectors were assigned to each function. The Committee requested the Government to adopt measures to empower inspectors to deal with occupational safety and health issues, particularly in the event of imminent danger, and to ensure that they were notified of industrial accidents and cases of occupational disease. Although such powers are expressly set out in Act No. 1562 of 2012 and Act No. 1610 of 2013, they have now been specifically included among the general functions of the territorial directorates and in the mandate of labour inspectors in the abovementioned resolution.

With reference to the impact of the ILO’s technical cooperation project on international labour standards in Colombia, labour inspectors have been trained and technical manuals and instruments have been developed for them. An April 2014 ILO report on the project noted that, in just six months, between 89 and 91 per cent of labour inspectors had learned to use the tools and knowledge acquired thanks to this technical cooperation. The training of inspectors and affiliated professionals has had a qualitative impact in several areas: it has improved the way inspectors examine the cases, and this has gradually given them more confidence and increased their credibility based on the quality of their work and their decisions; the criteria used in investigating cases and imposing penalties have been harmonized; social dialogue forums have been established for producers’ and workers’ organizations together with the Ministry; there have been marked improvements for beneficiaries in the design and implementation of activities, such as the conduct of preventive visits and the signing of compliance and improvement agreements; inspectors have been provided with tools for identifying forms of labour intermediation prohibited by law, so as to promote formalization agreements; instruments have been adopted for identifying anti-freedom of association practices. This has allowed inspectors to conduct their administrative investigations much more forcefully and, where appropriate, to initiate penal proceedings. Regarding the project’s impact on the prosecution of infringements and the effective application of penalties, the following points should be noted: improved knowledge of investigating illegal practices and imposing the respective penalties, including the appropriate level of penalties; labour formalization is encouraged by the deterrent effect of the penalties on enterprises; inspections are carried out in high-risk enterprises; decisions are based on the correct application of legal provisions and labour inspection is more efficient, and this has a corresponding positive social impact.

In terms of improving labour inspection, the following rules and regulations have been introduced: Resolution No. 1021 of 2014 updating the instruction manual for labour inspectors; Resolution No. 2143 of 2014 setting out the mandate of territorial directorates, special offices and labour inspectorates; Resolution No. 2123 of 2013 on penalties adopted by the National Apprenticeship Service (SENA). The resolution provides for the payment of fines irrespective of any appeal that may be lodged with the administrative disputes body and establishes a committee to strengthen the procedure for the collection of fines; Act No. 1610 of 2013 setting out labour inspection rules and regulations and promoting formalization agreements; Act No. 1562 of 2012 on occupational hazards and on occupational safety and health; Act No. 1437 of 2011 (in force since July 2013) containing a new Administrative Disputes and Procedure Code. The Code redefines the various stages of the procedure and reduces the deadline for handing down decisions from three or four years to under nine months; the Ministry of Labour has submitted a Bill to Congress aimed at reducing the workload of the Labour Appeals Chamber of the Supreme Court of Justice; the Standing Committee on the Negotiation of Wages and Labour Policies has set up a tripartite subcommittee to examine the rules and regulations set out in Act No. 1610 with a view to the effective implementation of the three aspects of labour inspection; prevention, penalties and services to citizens. At the institutional level a Special Investigations Unit has been established in the Territorial Inspection, Monitoring and Management Directorate to speed up inspection and monitoring. So far the Unit has dealt with 98 cases (conciliation, administrative investigation, submission of evidence), 47 of which have been resolved. There is a clearly defined formalization programme that has so far brought 18,000 workers into the formal sector; progress is continuing on the design of standard formalization programmes, by sector, in which representatives of the ILO are systematically involved.

In 2013 and up to April 2014 some 1,759 labour administration inspections were carried out in enterprises, cooperatives and pre-cooperatives, temporary service enterprises, simplified economy companies, high-risk enterprises and occupational hazard and occupational invalidity assessment boards. Over the same period 1,782 penalties were imposed and fines collected to a total value of 58,139,772,821 pesos (approximately US$30.6 million). Prevention activities included 4,130 instances of preventive assistance and 1,275 upgrading agreements in commerce, mining, transport, hotels and restaurants and manufacturing. Some 568 public awareness campaigns were organized, along with 609 training courses and 1,693 preventive inspection visits. The Ministry of Labour’s integrated information system (iMTegra) is currently being developed. It comprises seven subsystems, in which labour inspection has priority. A total of 900 tablets have been purchased for labour inspectors with applications to assist them in their fieldwork. The system will function online by means of an information web page on the Ministry’s website. The system should be up and running by October 2014 after which the Government will be able to provide the ILO with an annual report containing the statistics and information called for under subparagraphs (a)–(g) of Article 21 of the Convention. Some 29,000,000,000 pesos (approximately $15 million) have been invested in upgrading, financing and modernizing the labour inspectorate’s physical infrastructure. Regarding the use of penalties Act No. 1453 of 2011 increased the fines for infringing the right to freedom of association and introduced fines for concluding collective agreements which, overall, offer non-unionized workers better conditions. Decree No. 2025 of 2011 contains rules and regulations aimed at promoting formalization and combating associated labour cooperatives and increased fines to enforce compliance. Act No. 1610 of 2013 raised the level of fines from the previous 1 to 100 minimum wage equivalents to 1 to 5,000 minimum wage equivalents, irrespective of any other penalties that may be imposed and, if appropriate, in addition to further penalties for repeat offences and refusal to comply.

The number of labour inspectors was increased from 424 in 2012 to 904 in 2014 and constitutes a global workforce that can be assigned to units as required. Some 684 new labour inspectors have been recruited in the country as a whole. All in all, 633 labour inspectors specialize in legal matters and 271 in medicine, engineering, company administration and economics, and the Government expects all of them to be operational by the end of 2014, thus meeting the goal that was set for 2010–14. Colombia’s labour inspectorate covers 8,475,437 workers; since the number of inspectors was raised to 904, the ratio of inspectors to the working population has risen from 5 to 10.66. Until they become permanent civil servants, labour inspectors have a temporary status, though this does not modify their situation in terms of job stability. The Constitutional Court has determined that such temporary officials are entitled to a degree of protection; i.e., they cannot be dismissed other than for disciplinary reasons, for failure to carry out their functions properly, for reasons directly related to the service or when another person has been awarded the post following a competition (Ruling T-007 of 2008). Regarding the establishments that are subject to labour inspection and the number of workers employed, 613,614 employers are registered under the occupational hazards system, which covers 8,475,437 workers from all economic sectors (including 600,000 independent workers).

In addition, before the Committee, a Government representative explained the replies to the comments of the Committee of Experts were intended to indicate the progress that had been made in the area of labour inspection, rather than to justify non-compliance. The results of the ILO project entitled “Promoting compliance with international labour standards in Colombia”, which sought to strengthen institutional capacities in labour inspection and stimulate social dialogue, and which was due to end in 2016, were satisfactory. The observations of the Committee of Experts did not refer to non-compliance, but contained requests for information. With the support of the ILO, the Government was making progress in the area of inspection and consequently there was no reason why the country should be included in the list of countries invited to supply information on specific Conventions, usually in connection with non-compliance.

The Worker members recalled that the Committee had already examined the case of Colombia on several occasions, most recently in 2009, and since then any hope of an improvement in trade union rights had been disappointed. The weakness of the labour inspectorate aggravated this situation. In its observation, the Committee of Experts requested information on the results of a technical cooperation project and the practice of “preventive” visits, which the trade unions criticized as being inefficient. The observation dealt mainly with the underlying challenges facing the inspectorate, starting with the shortage of staff. Disregarding the confusion in the figures given, even an assumed workforce of 900 inspectors would still fall short of the country’s needs. The information on the inspectors’ status and functions was also contradictory. It was reported that 85 per cent of them were temporary staff, and not officials who could not just receive complaints but also take the initiative to investigate or impose sanctions. Another weakness related to the means of operation. Inspectors did not seem to have access to official vehicles for access to all workplaces. Finally, the legal framework of labour inspection was inadequate, especially from the perspective of confidentiality regarding the source of complaints, as required by the Convention. Additional problems included voluntary transactions without consulting the workers, and the failure to collect the fines provided for by law. By and large, the way the labour inspectorate operated seemed designed to maximize quantity rather than quality, which would explain why the results were so poor. There was no public report on the activities of the inspectorate, and the social partners were not associated with the design and implementation of labour inspection strategies.

The Employer members thanked the Government for its submissions in the present case. At the outset, the Government had indicated its willingness to cooperate with the Office, to organize special training workshops on issues related to labour inspection and to ensure compliance with the Convention. The Committee of Experts had noted in its observation a number of positive developments, such as reports from the Government concerning new handbooks and teaching materials regarding the graduation of penalties, the administrative sanction procedure, administrative sanctions concerning the improper use of labour mediation and other infringements of the rights of workers. The observation noted that special training programmes had been implemented for labour inspection and that standards had been updated and an analysis of labour risks conducted. The most recent observation noted with interest that the Minister of Labour, in cooperation with the Office, had organized special training workshops on a number of international labour standards. The Employer members welcomed the information provided by the Government, both before the Committee and in its written submissions, which addressed a number of issues that the Worker members had raised including issues concerning the confidentiality of complaints, transport facilities for labour inspectors and technical manuals. It had also provided updates on the impact of the Office’s technical cooperation programme on international labour standards, including: its impact on infringements and effective application of penalties; the steps taken over the previous year to improve labour inspection; and new rules and regulations. The Government had also provided information on the number of labour inspectors, the number of labour inspections undertaken, as well as on the Minister of Labour’s integrated information system, which was currently being developed. The Government had made progress and should be urged to continue its efforts to ensure compliance with the Convention in law and in practice. The Employer members encouraged the Government to continue accepting the Office’s assistance in that regard and to continue providing reports to the Committee of Experts so that it could assess the positive progress in the case.

A Worker member of Colombia said that even though progress had been made, the country was still some way from having a labour inspection system that guaranteed due respect for workers’ rights. Labour inspection was a key instrument for decent work. It was essential to ensure the suitability, independence and transparency of labour inspectors, while providing them with proper remuneration and the necessary facilities for the performance of their duties. Preventive inspections should target workplaces where the most violations were presumed to exist, whether those concerned freedom of association or other workers’ rights. In addition, the number of inspectors should be increased to ensure better coverage of the country, taking into account gender equality, variations in occupational profile and experience in specific matters, such as occupational safety and health or labour issues. Taking account of precarious employment, job placement, anti-union action and violations of the ILO’s recommendations, the Government should establish a better labour inspection system in full consultation with the social partners. Labour inspection should contribute towards preventing disputes. The recommendations of the 2012 high-level mission in the country should be taken into consideration.

Another Worker member of Colombia said that there were 685 labour inspectors in the country, 85 per cent of whom were on temporary appointments, with no job stability or performance rewards. The number of labour inspectors was low and their pay was very low. They received half the salary of labour judges and had no facilities for performing their duties. Moreover, such facilities were provided by enterprises, which affected inspectors’ independence. Furthermore, penalties had no deterrent effect since fines were derisory and were often not paid. The labour inspectorate did not examine the most serious violations of labour legislation, as some 6 million people were in illegal employment and 8 million were self-employed. Workers’ rights were being undermined as a result of subcontracting, cooperatives, foundations, temporary work agencies and trade union contracts, but the labour inspectorate took no action on such matters. Nor did the labour inspectorate investigate the situation of those employed in dock work, horticulture, palm oil production and mining. It did not ensure the protection of freedom of association or penalize the refusal of companies to engage in collective bargaining or their intentions to sign collective accords that affected workers’ organizations. Nor was action taken to penalize acts of anti-union discrimination. Moreover, the labour inspectorate had been used to undermine the exercise of the right to strike. In conclusion, he deplored the fact that complaints were not confidential, and that the Government had not ratified Part II of the Convention on labour inspection in commerce, which left more than 5 million workers without protection.

Another Worker member of Colombia indicated that in 2003 the Ministry of Labour had been closed by the previous Government, which transferred its functions to another Ministry, which had seriously undermined the labour inspectorate and rendered it practically inoperative. Henceforth, the Confederation of Workers of Colombia (CTC) and other trade unions had protested and a campaign had been started to re-establish that important public institution. That goal had been achieved with the change in Government. In February 2011, the Ministry of Labour had been re-established and plans had been developed to restore the labour inspectorate. Although it had been announced that there would be a significant increase in the number of labour inspectors and that other measures would be taken to provide inspection staff with the necessary means to carry out their functions, labour inspectors were recruited in an irregular manner, were not sufficiently remunerated and were not adequately equipped to perform their work independently and effectively. In addition, different tasks were assigned to them, which detracted from their essential functions. The Government should therefore adopt measures to overcome the obstacles which limited inspection, particularly with regard to: ensuring payment of the minimum wage; mechanisms to ensure respect of the right of association; monitoring observance of the right to collective bargaining in the private and public sectors; preventive monitoring of occupational safety and health conditions, with priority on mining, agricultural, transport, trade and services sectors; effective supervision of labour subcontracting in the private and public sectors; and the effectiveness of sanctions imposed on employers who contravened regulations. Labour inspection was a key function of the Ministry of Labour and its development should therefore correspond with the essential needs in employment relations, thereby giving effect to the recommendations of the Committee of Experts and the present Committee.

The Employer member of Colombia referred to the 2006 Tripartite Agreement on Freedom of Association and Democracy, which the ILO high-level mission had endorsed in 2011, and the 2011 United States-Colombia Labour Action Plan, with particular emphasis on the strengthening of the Ministry of Labour and the labour inspectorate. Administrative and budget arrangements had been made in 2014 to create an additional 480 posts for labour inspectors, who had already been recruited. A total of 683 inspectors throughout the country were receiving training in the 35 territorial directorates. A hundred inspectors were assigned exclusively to inspecting and monitoring priority sectors (palm oil, sugar, mining, ports and flower production). According to official figures, 394 administrative investigations had been conducted in 2013 and 233 cases had been referred to the Office of the Public Prosecutor. As a result of a successful campaign against illegal associated labour cooperatives, their number had decreased from 4,307 in 2010 to 2,895 in 2012, with the elimination of 84 in the sugar sector alone. The Ministry of Labour had successfully launched a campaign to promote labour rights and increase public awareness of freedom of association, gender equality, child labour, etc. The Occupational Guidance and Assistance Centre (COLABORA) had acquired new technological tools, such as virtual inspectors, the “línea 120” helpline, a service to guide people through the country’s main social networks. There were also a number of training programmes for labour inspectors undertaken with ILO support. With regard to preventive inspections, the concept had been submitted to the Standing Committee for Dialogue on Wage and Labour Policies, which was a tripartite body. The objective of such inspections was prevention and the improvement of working conditions, and they focused on the formal sector and did not need any prior authorization from employers. Preventive inspections had been stepped up, in particular in relation to associated labour cooperatives, temporary placement agencies, employment agencies, priority sectors and enterprises that employed workers covered by trade union contracts and accords. He concluded by calling on the Committee to take note of the progress made in Colombia with ILO technical cooperation and urged Colombian employers to contribute to the training of labour inspectors by explaining how their enterprises were organized and how they met their commitments to their workers.

The Government member of Costa Rica, speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), highlighted the information supplied on the legislative measures adopted to respond to the requests made by the Committee of Experts. It included: the confidential handling of complaints made to the labour inspectorate; the establishment of a special group for preventive inspections; and the provision of the necessary logistical resources to enable inspectors to perform their duties properly. He also referred to the implementation of the ILO project entitled “Promoting compliance with international labour standards in Colombia”, in conjunction with the Ministry of Labour, whose objectives included strengthening labour inspection. He observed that in only six months various tools had been adopted or updated and labour inspectors had received training, thereby enabling harmonization of the criteria for the performance of their duties. He emphasized the adoption and application of various laws and administrative provisions which had contributed to the definition and delimitation of inspection tasks, and also the significant increase in the number of labour inspectors (from 404 posts in 2012 to 904 posts in 2014). GRULAC welcomed the information indicating that inspection activities had resulted in 5,724 administrative inspections and 1,782 penalties for non-compliance, which corresponded to fines totalling US$31 million. In conclusion, he considered that the information supplied by the Government was satisfactory and he encouraged the Government to continue working with the social partners to strengthen labour inspection.

The Worker member of Brazil said that one of the issues that was of greatest concern to the Worker members of the Committee was the lack of any real protection from infringements of freedom of association and collective bargaining, which should be provided by the labour inspectorate. Referring to the conclusions of the high-level mission that went to Colombia in February 2011, relating in particular to the priority to be given to freedom of association and collective bargaining, he observed that little or nothing had changed in the three years since then, despite all the Government’s promises to strengthen labour inspection so as to prevent the violation of labour rights. As to the anti-union use of labour accords, not a single enterprise had been sanctioned during those three years, despite the announcement of a special labour inspection programme. Recently, Colombian trade unions had simultaneously lodged 56 complaints, which he hoped that the Ministry of Labour would take up without delay. He regretted that the inefficiency of the labour inspectorate in such cases was such that the trade unions were obliged to request legal protection, which in some cases had been granted by the Constitutional Court.

The Government member of Switzerland expressed his Government’s support for the Colombian Government and its social partners in their efforts to improve labour inspection, particularly with a view to improving occupational safety and health at the enterprise level. Switzerland would continue to support the ILO’s Sustaining Competitive and Responsible Enterprises (SCORE) programme in the textile and flower sectors and planned to expand its cooperation project to other sectors. The main beneficiaries of the programme were the workers and employers, but labour inspectors could also benefit from capacity building. He hoped that the Colombian Government would pursue its efforts to increase resources and strengthen the capacities of the labour inspectorate and to afford workers better protection against possible reprisals.

The Worker member of the United States recalled that the Governments of Colombia and the United States had signed a labour action plan to improve the protection of workers’ rights in Colombia and to facilitate the ratification by the United States Congress of the trade agreement that had been negotiated five years earlier. In light of the variety of challenges faced by Colombia, both Governments had made the strengthening of labour inspection a central commitment in the Action Plan. The United States Congress had ratified the United States-Colombia Trade Agreement, which entered into force in 2012. Despite considerable support from the Government of the United States and the ILO, key commitments of the Action Plan relating to labour inspection remained unfulfilled, indicating some of the ways in which Colombia had failed to comply with the Convention. Under Article 10, the number of labour inspectors deemed sufficient was determined in relation to the scale, complexity and practical challenges of inspection. Colombia had an insufficient number of inspectors. As of February 2014, there were only 685 working inspectors in a country of more than 20 million economically active persons. The selection and hiring process of inspectors, and doubt as to the independence of inspectors were sources of concern. The provisional nature of their recruitment reduced the value of the training provided by the ILO. As of April 2014, none of the new inspectors had been recruited through a civil service posting or a competitive and transparent process. In order to hire a civil servant, a line item had to be included in the national budget, which had not been the case. Moreover, there were ongoing problems with the collection of fines and their level was inadequate. There was insufficient monitoring of voluntary resolutions that released employers from penalties, especially the use of agreements to seek remedies and remove fines. All such agreements had been negotiated between employers and the Government, with no input from workers. Waivers and the nearly complete failure to collect fines continued the cycle of impunity. In the evaluation of the Labour Action Plan, compliance with Convention No. 81, set standards that had not been met by Colombia. As Colombia and the United States moved towards ratification of their trade agreement, they needed to continue to evaluate the efforts made to comply with Convention No. 81 and the stated goals of the Labour Action Plan.

The Worker member of Spain described illegal labour relations as situations where, although an employment relationship existed, employers were often able to circumvent the law. He felt that the absence of any real inspection of illegal labour relations and the increase in the number of workers engaged through temporary service agencies meant that in practice the labour inspectorate was completely non-functional. Of Colombia’s 21 million workers, only 7 million had proper employment contracts and were entitled to social protection. Associated labour cooperatives, simplified limited companies, foundations and “fake” trade unions were just some of the methods used to deny workers their labour rights. He regretted that employers did not to pay the fines imposed as a result of labour inspection visits. He concluded by recalling that the observations of the Committee of Experts dealt with extremely important issues.

The Government member of the United States referred to the Colombian Labour Action Plan, which had been agreed in the context of the United States. The Colombia Trade Promotion Agreement, under which the Government of Colombia had committed, inter alia, to increased and enhanced labour inspections and doubling the size of the labour inspectorate. In support of these measures, her Government was financing the ILO technical cooperation project “Promoting compliance with international labour standards in Colombia”, the largest component of which involved training of key labour inspectorate staff, including on new inspection tools and procedures, and following up to ensure the training was applied, in practice. The Government of the United States appreciated Colombia’s efforts and its ongoing cooperation with the ILO, in particular to improve labour inspection. However, enforcement of labour law remained a challenge. For example, there had been little progress on fine collection, particularly in cases of large fines applied for illegal contracting. Targeted inspections, especially in priority sectors, had also been insufficient to effectively uncover and punish illegal conduct. She trusted that, with the continued assistance of the ILO and through open and active dialogue with its social partners, the Government of Colombia would succeed in taking the necessary measures to implement fully its commitments related to labour law enforcement under the action plan related to labour rights and its obligations under Convention No. 81.

An observer representing Public Services International (PSI) noted that, following the creation, or rather the reconstitution, of the Ministry of Labour in 2011, the Government had undertaken to increase the staff of the labour inspectorate sufficiently to be able carry out its inspection, monitoring and supervision functions properly. It was essential for the Ministry to adopt a coherent institutional policy to overcome the weakness of the labour inspectorate and especially to reinforce the labour policing function of the Ministry with respect to collective bargaining in the public service. Following the 2014 amendment of Decree No. 1092 of 2012, collective bargaining in the public administration was becoming increasingly common, and that meant that disputes were liable to arise in an environment that by and large was anti-union. Unless the Ministry took immediate steps, its labour inspection problems were likely to increase.

The Government representative indicated that the information provided by the employers and workers was important and would be taken into account. He reminded those present that the Ministry of Labour had been established in November 2011, 30 months ago. He recalled that efforts had been made to institutionalize the Ministry of Labour, and develop the legal framework and mechanisms for its effective operation. With regard to the increase in staff, he noted that resources were available to guarantee that those positions were permanent. In respect of existing vacancies, he explained that the regulations provided that staff could not be appointed or removed while the electoral process was under way. He guaranteed that by December 2014 all the vacancies would be filled. He disagreed with the statement regarding the importance given to the recruitment process, explaining that the best candidates were selected and appointed, maintaining a fairly stable workforce. Since November 2011, no employee had been dismissed without just cause. There were no competitions owing to the fact that the procedure was slow, since meeting administrative requirements could take up to a year and places needed to be filled quickly. Competitions were planned for the future. He indicated that the requests of the Committee of Experts, regarding confidentiality and the transport of labour inspectors had been addressed and resolved. An order establishing that logistical support for inspectors could only be received by means of inter-institutional agreements by public enterprises was pending the President’s signature. It could not be said that since 2011 there had been no change, as there was now a Ministry of Labour, an institutional organization and a body of inspectors organized into three main areas: monitoring, preventive management and assistance to citizens.

The Worker members indicated that following the discussions, and while acknowledging the progress made over the last few years, they wanted to support the following claims made by their Colombian colleagues. Firstly, the Colombian Government should be encouraged to ratify Part II of Convention No. 81, as well as the Safety and Health in Mines Convention, 1995 (No. 176). The Colombian Government should also repeal the current decree on labour intermediation. The Worker members believed that the new decree should be preceded by a consultation process in the Standing Committee for Dialogue on Wage and Labour Policies, and that it should contain efficient mechanisms with regard to the inspection and prevention of all forms of illegal labour intermediation. The Colombian Government, in cooperation with the social partners, should also draft a bill to reform legislation on labour inspection, in line with the observations of the Committee of Experts contained in its 2011 and 2014 reports. This bill should set out the principles of complete confidentiality regarding the source of complaints; dissuasive penalties in the event of freedom of association being violated; the collection of fines by the Directorate of Customs and Taxes; the participation of trade unions in inspection operations; and the allocation of resources to strengthen the capacity of the labour inspectorate. Following consultations and dialogue with the social partners, a public policy on labour inspection should be implemented with sufficient resources, clear results and strong commitment to increase the number of inspectors to at least 2,000; a statutory commitment of all inspectors; and a wage increase for inspectors to bring them up to the level of labour judges. In order to carry out those proposals, it was hoped that the Government would discuss and agree upon those measures within the Standing Committee for Dialogue on Wage and Labour Policies. They also hoped that a six months follow-up would be carried out on the basis of information provided by the Ministry of Labour in each departmental subcommittee and the National Social Dialogue Committee. In conclusion, they requested the Government to accept a direct contacts mission to ensure that these principles were given effect.

The Employer members welcomed the submissions made by the Government and the information provided. Additional information would help to better understand the measures taken to give effect to the Convention in law and in practice. They expressed appreciation of the Government’s responses to the interventions that had been made. They noted the progress made regarding compliance with Convention No. 81. The concrete measures should be taken. They encouraged the Government to work with the ILO to strengthen its labour inspection system. The action that was taken should be the subject of full consultation with the social partners. They emphasized the positive measures taken to date and encouraged the Government to continue its work. They noted the existence at the national level of a tripartite body in which the issues raised in this case could be addressed and considered that the case did not appear to require a direct contacts mission.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Policy on labour inspection. With regard to its previous comments, the Committee notes the Government’s information in its reports that actions for the implementation of the public policy on prevention, inspection, monitoring and control in labour, “Committed to Decent Work 2020–2030”, adopted through Decision No. 345 of 2020, are being carried out in accordance with various instruments established by the Ministry of Labour, including: (i) the Institutional Strategic Plan 2023–2026, the strategic initiatives of which include formulating, implementing and evaluating policies, programmes and projects to strengthen prevention, inspection and enforcement of workers’ fundamental rights; (ii) the 2023 Action Plan of the Directorate of Labour Inspection, Monitoring and Control, which aims to improve the effectiveness of the inspection, monitoring and control system; (iii) the investment project, “Increasing the effectiveness of the inspection, monitoring and control system”; and (iv) the investment project, “Strengthening the system for prevention, inspection, monitoring and control in labour and national social security”. The Committee notes this information, which responds to its previous comment.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions of labour inspectors. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspectors entrusted with the functions of assistance to citizens (169) and conciliation (100), as well as the time dedicated to these tasks, in relation to the number of labour inspectors entrusted with inspection activities and the percentage of time dedicated to inspection activities, in each of the country’s territorial directorates. It also notes the information provided by the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) on the total number of conciliations carried out in 2022 (25,146) compared with the total number of inspections conducted in the same period (14,668). Noting its concern that labour inspectors must be able to meet their responsibilities of securing compliance with and enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to continue to provide information on the number of requests met forassistance to citizens, conciliations carried out and inspections conducted by the labour inspectors, as well as the total time and resources as a percentage of the time and resources used by inspectors to perform their main functions provided for in Article 3(2) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. In response to its previous comments, the Government indicates that: (i) under section 25 of Act No. 909 of 2004, governing public employment, administrative careers and public management, and section 2.2.1.1.3 of Decree No. 1083 of 2015 on the public sector, the transitory provision on temporary status only applies, on an exceptional basis, when career public servants are not available and there is no updated list of eligible candidates to be used; (ii) temporary appointments must be based on meritocratic criteria so that the public administration has competent personnel available to it; and (iii) inspectors hired on a temporary basis have relative job security and their employment can only be terminated if their function is assigned to a public servant further to a competition based on merit and on the grounds laid out in section 2.2.5.2.1 of Decree No. 1083 of 2015. The Committee also notes that, in accordance with Decree No. 1083 of 2015, admission to temporary posts does not generate career-related rights (section 2.2.1.1.3) and that the duration of the temporary appointment must be subject to budget availability (section 2.2.1.1.4). The Committee once again requests the Government to provide information on the measures adopted to ensure that the status and conditions of service of labour inspectors guarantee job security, in accordance with Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129.

With regard to the number of inspectors occupying newly created posts, the Government reports that Decree No. 144 of 2022, provided for the creation of 355 posts for labour inspectors, for which 331 appointments had been made to date. The Committee notes that the Government does not provide information on the type of contract (temporary or definite) under which the 331 inspectors were appointed. It also notes that the Government does not provide information on the salary and benefits structure for labour inspectors, specifically in comparison with tax inspectors or police officers. The Committee once again requests the Government to provide information on the type of contract (temporary or indefinite) under which inspectors are employed, as well as information on their salary and benefits structure in comparison with tax inspectors or police officers.

Articles 11(1)(b), (2) and 15(a) of Convention No. 81 and Articles 15(1)(b), (2) and 20(a) of Convention No. 129. Transport facilities. Principle of the independence and impartiality of labour inspectors. In response to its previous comment, the Government indicates that, in practice, labour inspectors have not sought logistical assistance from employers in order to gain access to workplaces liable to inspection. The Committee requests the Government to provide information on consideration given to the amendment of section 3(2) of Act No. 1610 of 2013 with a view to excluding the possibility of labour inspectors seeking logistical assistance from employers or workers in order to gain access to workplaces liable to inspection.

With respect to the measures adopted to ensure the safety of labour inspectors working in regions where there may be public order issues, the Government reports that the unit under the Ministry of Labour responsible for the occupational safety and health (OSH) of public servants, including inspectors, is working on the procedures for the identification, classification and mitigation of public risk.

Lastly, in relation to the acquisition of vehicles for the labour inspection services, the Government reports that currently there are no plans to purchase vehicles, since there is an austerity package in place in the public sector which limits the possibility of acquiring this type of good. The Committee once again requests the Government to provide information on the results of the studies carried out on the transport for inspectors, as well as any progress in the development of the procedures for the identification, classification and mitigation of public risk for labour inspectors. In addition, the Committee expects trusts that the Government will adopt the necessary measures to ensure that labour inspectors have the transport means necessary for the performance of their functions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Adequate and effectively enforced penalties. Fines imposed and collected. In response to its previous comments on the reasons for the decrease in the number of administrative investigations launched, the Government indicates that since ruling No. C-165 of 2019 of the Constitutional Court, it is no longer necessary to initiate preliminary inquiries or administrative penalty proceedings prior to conducting a routine inspection; and that inspections under the annual inspection programme are no longer conducted in the context of preliminary inquiries.

With regard to the decrease in the number and amount of the penalties imposed, the Government indicates that during the period of the COVID-19 pandemic (2020, 2021 and part of 2022), the preventive tasks of inspectors were given priority over reactive inspections so as not to create more difficulties than employers already had as a result of the pandemic. With respect to the small proportion of fines collected in relation to fines imposed, the Government indicates that the fine collection enforcement unit of the Labour and Social Security Inspection, Monitoring and Control Strengthening Fund (FIVICOT) began operation on 1 January 2020 and that to date it has carried out 1,429 administrative enforcement procedures. The Government adds that currently, there is an increase in the proportion of fines collected in relation to fines imposed, reaching a total collection rate of 35 per cent compared with 100 per cent of the portfolio of outstanding fines.

The Committee also notes the information provided by the Government on: (i) the number of administrative proceedings launched between 2018 and 2022 (15,529 in 2018; 13,067 in 2019; 12,986 in 2020; 11,605 in 2021; and 9,923 in 2022); (ii) the penalties imposed during this same period (3,334 in 2018; 3,341 in 2019; 1,639 in 2020; 3,432 in 2021 and 3,372 in 2022); (iii) the penalties effectively enforced and amounts collected (1,408 in 2018; 1,422 in 2019; 786 in 2020; 1,669 in 2021; and 1,482 in 2022, to a total of 147,411,113,835 Colombian pesos); and (iv) unenforced penalties and the respective amounts (1,926 in 2018; 1,919 in 2019; 853 in 2020; 1,763 in 2021; and 1,890 in 2022, to a total of 241,038,319,060 Colombian pesos). The Committee requests the Government to continue to provide information on the number and nature of violations detected, the number and size of the penalties imposed, as well as on the fines effectively collected in relation to fines imposed and their respective amounts in the industry and agriculture sectors.

With respect to the actions adopted to improve the effective collection of fines, the Government indicates that: (i) the number of workers in the fine collection enforcement unit under FIVICOT has been increased; (ii) training is provided to workers on the procedures for the collection of fines; (iii) a digital interface platform was created between the Inspection, Monitoring and Control System (SISINFO) and the Information, Collection, Budget and Recovery System (SIREC) which has been in operation since 20 April 2023; and (iv) the fine collection enforcement unit under FIVICOT has started the procedures for the collection of fines in respect of completed administrative proceedings that had not been referred to it by the Directorate of Inspection, Monitoring and Control. In this respect, the Committee notes the observations provided by the CUT, the CTC and the CGT alleging that there is no realistic possibility of the financial penalties imposed by the Ministry of Labour being paid, which fosters impunity. The Committee requests the Government to transmit its comments in relation to the observations presented by the workers’ organizations. Further, the Committee requests the Government to continue to provide information on the measures adopted in order to improve the effective collection of the fines that have been imposed, and their impact on the actual collection of such fines.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes that the Government has not presented the annual report on the activities of the labour inspectorate. It notes that the 2022 quarterly bulletins on inspection, monitoring and control, published on the Ministry of Labour’s website, contain statistics on the enforced and unenforced penalties in the different economic sectors, including industry and agriculture. While noting the Government’s indication that as from the second half of 2023 thequarterly bulletins on inspection, monitoring and control cover all the matters required, the Committee requests the Government to provide information on the measures adopted to ensure that the annual reports of the labour inspectorate are regularly published and transmitted to the Office, and that they contain information on all the matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. With reference to the Government’s previous indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed, the Committee once again requests the Government to provide information on the consideration given to the ratification of this Part of the Convention.

Issues specifically concerning labour inspection in agriculture

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. In response to its previous comments, the Committee notes the Government’s information that the Ministry of Labour is implementing a special programme for the provision of mobile labour inspection, in order to deliver its inspection system to all regions throughout the country, with emphasis on rural areas.

In this respect, the Government reports that the Regional Directorate of Labour Inspection, Monitoring, Control and Management organized intervention plans under two operative models – comprehensive intervention and inspection brigades – which enables a consistent rapprochement between the Ministry of Labour, the employers and the workers, and includes the assistance of the mobile labour inspection over two days when services are provided relating to career guidance and inspection procedures; and fairs for inspection, monitoring and control services, and round tables with employers and workers to address work-related issues.

The Committee also notes the observations presented by the CUT, the CTC and the CGT, alleging that: (i) inspections in rural areas are not preventive but are rather information and training processes which are limited in their ability to enforce labour legislation; and (ii) labour inspection in the rural sector is inadequate for the total number of enterprises and workers in the country’s various regions. The Committee requests the Government to provide information on the measures adopted to increase the activities of the labour inspection services in the rural areas of the country, including information on the implementation of the mobile labour inspection strategy and the impact of its various components on compliance with the legal provisions in agriculture. It also requests the Government to provide detailed information on the number of reactive and preventive inspections conducted in this sector and the results of such inspections.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes the Government’s information relating to: (i) the number and nature of OSH violations recorded between 2018 and 2022; (ii) the number of penalties effectively applied in each of the country’s departments in this same period; and (iii) the number of occupational accidents and diseases recorded between 2019 and 2022 in the agriculture, livestock, hunting, forestry and fishing sectors, including the number of deaths of workers in these sectors. The Committee requests the Government to provide information on the number of measures ordered by the labour inspectors (amendments and prohibitions) to ensure the safety and health of workers in agriculture, in accordance with Article 18 of the Convention. It also requests the Government to continue to provide information on the number and nature of the OSH violations detected in agricultural enterprises, the number of penalties imposed, and the number of occupational accidents and diseases recorded in this sector.

Article 9(3). Adequate and further training. In response to its previous comments, the Committee notes the information provided by the Government on training delivered to labour inspectors in 2022, including the number of participants (1,261) and the subjects covered, which include the inspection protocols applicable in the flower growing, palm growing and sugar sectors, prevention and protection against labour hazards and gender-based violence in the workplace, administrative penalty proceedings and the graduation of penalties. It also notes the Government’s information on the composition, in accordance with Decision No. 4607 of 2022, of the Elite Group for Gender Equality, made up of labour and social security inspectors with specialization in conducting inspections with a gender perspective in order to ensure the labour rights of categories of vulnerable workers. The Committee notes this information which responds to its previous comment.

Article 17. Preventive control of new plants, new materials or substances and new methods of handling or processing products. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to provide information on the measures taken in order to ensure that labour inspection services participate in the instances and the manner determined by the competent authority, in the preventive control of new plants, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety in agriculture. The Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations on the application of Conventions Nos 81 and 129 submitted jointly by the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), transmitted together with the Government’s reports. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2023.

Articles 3(1), 7(3), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 9(3), 11, 18, 19, 26 and 27 of Convention No. 129. Labour inspection functions in the area of occupational safety and health (OSH). Industrial accidents and cases of occupational disease. In relation to its previous comments, the Committee notes the Government’s indication that, in accordance with section 8 of Act No. 1610 of 2013 of the Labour Inspectorate, labour inspectors are empowered to order the closure of a workplace where there are conditions endangering the life, physical integrity and safety of the workers, without requiring the violation to be serious. However, the Committee notes that Decision No. 3029 of 2022 empowers the inspectors to order a prohibition or a stoppage in the event of serious and imminent risk (section 2(10)), while Article13(2)(b) of Convention No. 81 and Article18(2)(b) of Convention No. 129 empower labour inspectors to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious.

The Committee requests the Government to consider amending Decision No. 3029 of 2022 to ensure that labour inspectors are empowered to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious, in accordance with Articles 13(2)(b) of Convention No. 81 and 18(2)(b) of Convention No. 129.

With respect to the composition of the internal working groups on occupational risks inspection and their functions, the Government reports that these groups are composed of labour inspectors whose functions are set out in section 2 of Decision No. 3029 of 2022 and encompass inter alia the coordination and realization of inspection activities in application of OSH standards, assistance for workplaces in implementing actions to prevent industrial accidents and occupational disease, and interventions in the economic sectors with the highest rates of occupational accidents and diseases.

With regard to the high rate of accidents in the mining sector, the Committee notes that the Government indicates: (i) the number of occupational accidents and diseases recorded between 2019 and 2022 in the different economic sectors, including the number of deaths of workers; (ii) the number of fatal accidents of workers in the mining sector between 2005 and 2023, and the causes of the accidents, including explosions and contaminated environments inside the mines; and (iii) the number of preventive inspections in mines with the highest rates of accidents, and the provision of training for labour inspectors in the mining sector to strengthen activities to prevent occupational risk.

The Committee also notes that the CUT, the CTC and the CGT allege that during the course of 2022, 23 per cent of labour inspectors were adequately trained in OSH.

The Committee once again requests the Government to provide statistical information on the preventive measures taken by inspectors to: (i) to make or cause to make orders that alterations to the installation, plant, premises, tools, equipment or machines are carried out, within a specified time limit, as may be necessary to ensure compliance with the legal provisions relating to health or safety (alteration orders) (Article 13(2)(a) of Convention No. 81 and Article 18(2)(a) of Convention No. 129); and (ii) to make or cause to make orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health or safety of workers (Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129).

The Committee also requests the Government to provide information on the measures taken to continue providing OSH training to labour inspectors, as well as on the number of OSH inspections carried out in the mining sector and the results of such inspections.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors. Frequency of inspections. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspector posts (1,259) and the number of inspectors effectively assigned to a post, which rose by 335 inspectors between 2021 and 2022 (1,151 inspectors in 2022 compared to 816 inspectors in 2021) and their geographic distribution (144 inspectors fall under the Bogota D.C. regional directorate and the remainder under other regional directorates) and the number of vacant labour inspector posts (108). The Committee also notes that the number of labour inspections, including in the agricultural sector, rose from 7,194 in 2018 to 14,688 in 2022.

The Committee notes that the CUT, the CTC and the CGT allege that the number of labour inspectors has not been increased, which makes it difficult to conduct inspections and monitor compliance with labour standards.

While welcoming the increase in the number of inspectors and of inspections carried out, the Committee expects that the Government will continue to take appropriate measures to ensure that the number of labour inspectors is sufficient to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Discretion to give a warning or advice. Imposition of penalties. Discretionary powers of labour inspectors to give a warning or advice, instead of initiating legal proceedings. With reference to its previous comments, the Committee notes with interest the Government’s indication that Decision No. 772 of 2021, which establishes guidelines for the exercise of the preventive function in the form of prior notice, was derogated by Decision No. 4798 of 29 of November 2022.

Suspension or termination of administrative penalty proceedings. With reference to its previous comments, the Committee notes with interest the Government’s information that, in accordance with section 372 of Act No. 2294 of 2023, section 200 of Act No. 1955 of 2019 was repealed. This section empowered the Ministry of Labour to suspend or terminate administrative penalty proceedings for violation of labour standards, other than those relating to labour formalization. The Government also indicates that the power of the Ministry of Labour set out in section 200 above is not applied in practice.

With regard to the allegations of the CUT, the CTC and the CGT indicating that: (i) according to the 2022 quarterly inspection bulletins of the Ministry of Labour, 573 agreements were signed between the Ministry of Labour and several employers for the suspension and termination of administrative proceedings under section 200 of Act No. 1955 of 2019; and (ii) despite the repeal of section 200 above, the Ministry of Labour continues to generate such agreements under Decree No. 1368 of 2022, which regulates the operation of the agreements that were provided for in the repealed standard, the Committee requests the Government to provide its comments.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the General Confederation of Labour (CGT), received on 31 August 2018, the observations of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), received on 1 September 2018, as well as the joint observations of the CUT, CTC and CGT, communicated with the Government’s reports, on the application of Conventions Nos 81 and 129. The Committee also notes the Government’s comments, received on 16 November 2018, relating to the observations of the CGT, CUT and CTC of 2018.

Policy on labour inspection. The Committee notes that, according to the information available on the Ministry of Labour website, the Public Policy on prevention, inspection and monitoring 2020–2030 was adopted by Decision No. 345 of 2020, which seeks to contribute to respect for worker protections as well as the promotion of industrial peace and social justice and aims, inter alia, to consolidate the labour inspection system, incorporate a preventive approach in the inspection model, entrench freedom of association and collective bargaining rights and formalize employment relationships. The Committee requests the Government to provide detailed information on the implementation of this policy.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. Further to its previous comments in this respect, the Committee notes that in its reports the Government: (i) indicates that recruitment to posts in public administration, including those of labour inspectors, is carried out through a public, open and merit-based competition, and that public officials selected in this manner acquire rights in the administrative career system once they complete a probation period (six months) following their appointment; (ii) reiterates that although inspectors recruited on a temporary basis enjoy relative job stability, in practice they are rarely dismissed and when they are it is for limited reasons; and (iii) provides information on the turnover of inspectors between 2015 and 2018, specifying that new appointments (307 in total) were made mainly to fill newly created posts or posts vacant after staff departures, (160 in total, for reasons related to voluntary retirement, retirement due to old age or disability, dismissal and death). The Committee notes that the Government does not provide information on the type and duration (temporary or indefinite) of the contracts under which active labour inspectors are employed.

In addition, the Committee notes the Government’s indication that labour inspectors’ salaries increased by 77 per cent between 2009 and 2016 and that no other public servants received a similar salary adjustment during that period. In this regard, the Committee observes that the Organisation for Economic Co-operation and Development (OECD) indicates, in Chapter 3 of its report, entitled OECD Reviews of Labour Market and Social Policies: Colombia 2022 (available in English only), that the Government continues to face challenges in the retention of inspectors, mainly because their salaries are not competitive in the labour market and their location in certain regions of the country is not attractive to some professionals.

With regard to the temporary employment of labour inspectors, the Committee recalls that this is in compliance with Article 6 of Convention No. 81 or with Article 7(1) of Convention No. 129, which provide that the status and conditions of service of inspection staff shall be such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the status of labour inspectors complies with the requirements of Conventions Nos 81 and 129. The Committee also requests the Government to provide information on the type and duration (temporary or indefinite) of the contracts under which inspectors are employed, specifying, as appropriate, the number of inspectors occupying newly created and/or vacant posts. Furthermore, the Committee requests the Government to continue providing statistics on the turnover of labour inspectors and to provide detailed information on their salary and benefits structure in specific comparison with those of other public servants performing similar functions (such as tax inspectors or police officers).

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 29. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes, in response to its previous comments, the Government’s indication that: (i) SISINFO, which contains updated information on the activities of the labour inspectorate (in particular on preliminary inquiries and administrative disciplinary proceedings), was implemented in 2016 and its use has been mandatory for labour inspectorate officials since 2017; (ii) SISINFO does not yet contain sufficiently comprehensive information to draft, without a margin of error, the annual reports required for the Conventions; (iii) quarterly bulletins on inspection, monitoring and control containing general statistics on the functions, competencies and outputs of the labour inspection services are published on the Ministry of Labour website; and (iv) while the implementation of SISINFO is being strengthened, these bulletins will continue to be issued.

The Committee notes that the inspection, monitoring and control bulletins for the fourth quarter of 2018, 2019, 2020 and 2021 contain annual statistics on penalties (enforced and unenforced) imposed in all economic sectors, including agriculture, livestock, hunting, forestry and fishing. The Committee requests the Government to provide information on the steps taken, including in the context of SISINFO, to ensure that the inspection, monitoring and control bulletins continue to include annual statistics on penalties imposed and also cover the other matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, namely: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. The Committee notes the Government’s indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed. The Committee requests the Government to provide information on any progress made in this respect and reminds it that, in accordance with Article 25(1) and (2) of Convention No. 81, any Member State which has excluded, by a declaration appended to its ratification, Part II from its acceptance of the Convention, may cancel that declaration, at any time, by a subsequent declaration.

Issues specifically concerning labour inspection in agriculture

The Committee notes the information provided by the Government in response to its previous comments concerning the Memorandum of Understanding signed in 2015 between the Government and the ILO to promote decent work in agriculture.

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. The Committee notes that, in their observations, the GCT, CTC and CGT continue to refer in critical terms to the functioning of the labour inspectorate in agriculture, mentioning, in particular, the absence of a specialized system of labour inspection in the agricultural sector.

The Committee notes the Government’s indication in this respect that: (i) the labour inspection model in Colombia is generic and therefore does not vary in relation to the monitoring and control of agricultural enterprises; (ii) however, the distribution of labour inspectors in various locations around the country allows for the inspection of activities in the agricultural sector, and priority is given to inspections in the flower growing, palm growing and sugar sectors, among other critical sectors; (iii) since 2018, the labour inspectorate has been pursuing a strategy known as Mobile Inspection (IM) in order to deliver its array of services to all regions throughout the country, with emphasis on rural areas, by organizing inspection teams (consisting of working groups of employers, communities and/or local authorities on existing problems as well as promotional and informational activities), inspection services events and community awareness-raising and training workshops in rural municipalities; and (iv) in 2018, the internal working group for the protection of the labour rights of rural workers was established, in order to bring the central administration and the regions and remote areas closer together and to shape plans, programmes and projects for the effective protection of rural workers’ labour rights.

The Committee also notes that in its report on the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), the Government indicates that the function of IM in the rural sector is primarily preventive, but that if, during the course of its implementation, conduct by employers is observed that indicates a labour standards violation, the appropriate administrative proceedings are instituted. The Government also provides information on the number of municipalities and persons covered in the context of IM between 2018 and April 2022.

In their observations, the CGT, the National Employers’ Association of Colombia (ANDI) and the International Organisation of Employers (IOE) emphasize the implementation of IM. The employers’ organizations also underscore the emphasis of the labour inspectorate on the flower growing, palm growing and sugar sectors.

The Committee notes that the Government considers one of the challenges facing the labour inspectorate to be that of increasing its presence in the different rural areas of the country, and that it therefore broadly proposes to work in a tripartite manner in order to find solutions that will enable the staffing of municipal inspectorates to be strengthened and, also, the formalization of enterprises in rural areas.

The Committee requests the Government to provide updated and detailed information on the implementation of the Mobile Inspection strategy, as well as its impact on the functioning of labour inspection in agriculture.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. Further to its previous comments, the Committee notes that the Government refers to the following actions undertaken in the area of OSH in agriculture: (i) initial steps towards the establishment of a national committee on OSH in agriculture; (ii) conclusion of a cooperation agreement between the Ministry of Labour and the Ibero-American Social Security Organization in 2018 in order to undertake health promotion and prevention of occupational risks activities addressing vulnerable workers, including informal workers in the agricultural sector. The Committee requests the Government to indicate the role assigned to the labour inspectorate in the context of these measures. In addition, while taking note of the absence of information in response to its previous comments, the Committee requests the Government once again, with reference to its request concerning Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 120 (adequate and effectively enforced penalties; discretion to give a warning or advice), to provide disaggregated information on the number and nature of OSH violations detected in agricultural enterprises, as well as the penalties imposed.

The Committee also requests the Government to refer to its comments on Articles 3(1), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 11, 18, 19, 26 and 27 of Convention No. 129 (labour inspection functions in the area of occupational safety and health (OSH); industrial accidents and cases of occupational disease).

Article 9(3). Adequate and further training. Further to its previous comments on the training of labour inspectors in matters related to work in agriculture, the Committee notes the Government’s indication that: (i) the resources available for training increased by 41 per cent between 2016 and 2017 and 52 per cent between 2017 and 2018; and (ii) in 2017, the internal working group for the management of training and analysis of labour inspection, which is responsible for organizing, directing and evaluating the necessary arrangements for training activities addressing labour inspectors and other public employees in areas related to inspection, was established in the Ministry of Labour. Furthermore, the Committee notes that, according to the information available on the Ministry of Labour website, the internal working group for the protection of the labour rights of rural workers, established in 2018, is required to coordinate with the competent authorities to organize training, information and refresher events aimed at building the skills of actors in the labour inspection system in respect of labour inspection in rural areas.

The Committee also notes the information provided by the Government on the training courses provided to labour inspectors in 2021, including the number of participants and the topics addressed, which include prevention and protection against occupational hazards, as well as the inspection protocols applicable to the flower growing, palm growing and sugar sectors, among others. In addition, the Committee notes the Government’s proposal to explore, in a tripartite manner, solutions that would allow the development of thematic inspection protocols, targeting specific groups, that include a gender approach and other approaches to diversity. The Committee requests the Government to provide information on any measures adopted in this respect, as well as on their results.

Article 17. Preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Further to its previous comments, the Committee notes the Government’s indication that in 2015 and 2017, standards were adopted regarding the OSH management system that employers or contractors are required to implement and that in 2018, a technical guide was being prepared on the implementation of this system in the agricultural sector, without reference to measures taken to give effect to Article 17 of Convention No. 129. The Committee requests the Government to provide information on the measures taken or envisaged in order to ensure that labour inspection services participate, in the instances and the manner determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in agriculture. In this respect, the Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.

[The Government is asked to reply in full to the present comments in 2023.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comments on Convention No. 81: observation and direct requestPrevious comments on Convention No. 129: observation and direct request

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), received on 1 September 2018, as well as the joint observations of the CUT, CTC and the General Confederation of Labour (CGT), communicated with the Government’s reports, on the application of Conventions Nos. 81 and 129. The Committee also notes the joint observations from the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI), received on 31 August 2018, the observations of the IOE, received on 31 August 2022, and the observations of the ANDI, communicated with the Government’s reports, on the application of Conventions Nos. 81 and 129. In addition, the Committee takes note of the Government’s comments, received on 16 November 2018, relating to the observations of the CUT, CTC, IOE and ANDI of 2018.

Further to its previous comments, the Committee notes the Government’s comments on the previous observations of the CTC, CGT, CUT, IOE and ANDI, received in 2015, on the application of Conventions Nos. 81 and 129.

Articles 3(1), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 11, 18, 19, 26 and 27 of Convention No. 129. Labour inspection functions in the area of occupational safety and health (OSH). Industrial accidents and cases of occupational disease. The Committee notes the Government’s indication in its reports that, pursuant to Decisions No. 3029 and 3233 of 2022, internal working groups on occupational risks inspection were established in various territorial directorates and special offices in order to strengthen inspection in this domain. The Committee notes that, according to the aforementioned decisions, each group must include at least four officials, including a coordinator who must hold a valid licence for the design, administration and implementation of OSH management systems, as well as having had the necessary training in this regard. Furthermore, the Committee notes that the functions of each group include monitoring and supervising the application of OSH standards and ordering the immediate cessation of work in the event of failure to comply with the rules on the prevention of occupational hazards if there is a serious and imminent danger to the safety or health of the workers, until the failure is resolved. In respect of the latter function, the Committee recalls that Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129 empower labour inspectors to adopt measures with immediate executory force, which may go as far as halting work, in the event of imminent danger to health or safety, without requiring the danger to be serious. Accordingly, the Committee requests the Government to take the necessary steps to amend Decisions Nos. 3029 and 3233 of 2022 in order to ensure that they are consistent with these provisions of the Conventions.

In addition, the Committee requests the Government to describe the composition of the internal working group on occupational risks inspection, and to specify whether the inspectors in that group perform only the functions assigned to it.

The Committee also requests the Government to provide information on the application in practice of the aforementioned decisions. In particular, the Committee requests the Government to provide statistical information on the preventive measures taken by inspectors: (i) in order to eliminate defects in workplaces (including in connection with the use of hazardous materials and substances in agriculture) which they may have reasonable cause to believe constitute a danger to the health or safety of workers (Article 13(1) of Convention No. 81 and Article 18(1) of Convention No. 129); (ii) to make or cause to make orders that such alterations to the installation, plant, premises, tools, equipment or machines are carried out, within a specified time limit, as may be necessary to ensure compliance with the legal provisions relating to health or safety (Article 13(2)(a) of Convention No. 81 and Article 18(2)(a) of Convention No. 129); and (iii) to make or have made orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health or safety of workers (Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129).

Noting that the CGT refers, in its observations, to a high rate of accidents in the mining sector and that the quarterly bulletins on inspection, monitoring and control do not contain relevant information, the Committee requests the Government to provide annual statistics, disaggregated by sector, on occupational accidents, including their causes, as well as on occupational diseases, including their causes.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions of labour inspectors. The Committee notes that the Government indicates that by Decision No. 3445 of 2021, the Ministry of Labour, territorial directorates, special offices and labour inspectorates were assigned new responsibilities with regard to inspections, as well as conciliation and assistance to citizens. The Government also refers to Decision No. 1043 of 2022 which details the remit of assistance to citizens. The Committee notes that these decisions provide for the establishment of different internal working groups for inspection, conciliation and/or assistance to citizens in various units of the Ministry of Labour.

With regard to its previous comments on assistance to citizen services, the Committee notes the Government’s indication that such services: (i) are concentrated in the aforementioned assistance to citizen groups of territorial directorates and special offices; (ii) seek to supply technical information and advice to employers and workers on the most effective means of compliance with the legal provisions; and (iii) also include the issuance of authorizations, approvals and certificates and the administration of registrations and deposits provided for in the relevant legislation.

Further to its previous comments on conciliation functions, the Committee notes the Government’s indication that these functions: (i) do not affect labour inspectors’ activities relating to the management of inspections, monitoring and control of labour standards; and (ii) can be carried out not only by inspectors but also by regional and local representatives of the Office of the Ombudsperson, agents of the Public Prosecutor’s Office dealing with labour issues (procurators delegated to labour courts) and, failing all of the above, by civil or mixed municipal judges, pursuant to section 28 of Law No. 640 of 2001.

The Committee notes that, in their observations, the CTC, CUT and CGT mention: (i) that labour inspectors are not performing their advisory function on labour matters sufficiently; and (ii) that they could be performing their conciliation function by reducing their preventive, investigative, disciplinary and advisory function. The Committee notes that the Government finds the position of workers’ organizations in respect of the first question difficult to understand and acknowledges that they have previously indicated that they disagree with the assistance to citizen service functions entrusted to inspectors.

Lastly, the Committee notes that, according to the statistics contained in the quarterly bulletins on inspection, monitoring and control, in 2021 the labour inspectorate dealt with a total of 17,080 conciliations and 96,764 consultations in the context of assistance to citizens.

The Committee requests the Government to take the necessary steps to ensure that labour inspectors are primarily responsible for securing compliance with the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and, therefore, to consider entrusting the functions of conciliation and assistance to citizens (with the exception of those aimed at supplying technical information and advice to employers and workers on the most effective means of complying with the legal provisions) to other units authorized in this regard. The Committee requests the Government to provide information on these measures.

With reference to Decisions Nos 3445 and 1043 adopted in 2021 and 2022, respectively, the Committee requests the Government to describe the composition of the internal inspection, conciliation and assistance to citizen groups, indicate the precise number of labour inspectors and other officials involved in these groups, and specify whether the inspectors involved perform only the functions assigned to the group to which they are attached. The Committee also requests the Government to provide detailed information on the time and resources allocated by inspectors to assistance to citizens and allocated to conciliation activities, and on the combined amount of such time and resources as a percentage of the time and resources allocated by inspectors to the discharge of their primary functions, as envisaged under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors. Frequency of inspections. Further to its previous comments on the filling of vacant labour inspector posts and the assignment of inspectors to regions outside the capital, the Committee notes the Government’s indication that: (i) in 2016, a competition was held to fill vacant posts in the public administration career system permanently, including labour inspector posts; (ii) there were 904 inspector posts in 2018 and 355 new posts were created in 2021; and (iii) there were 866 active inspectors in 2019 and 816 in 2021, specifying their geographical distribution at the national level (117 inspectors in the territorial directorate of Bogota D.C. and the remainder in other directorates and special offices). The Committee notes that the Government does not provide updated information on the number of existing labour inspector posts or on the number that remain vacant.

In addition, in response to its previous comments on the number of inspections undertaken, including the decrease in that number in previous years, the Committee notes the Government’s indication that: (i) between 2011 and 2014, the total number of inspections carried out decreased both because the activities of the labour inspectorate focused on critical sectors of the economy (specifically, on mining, ports, flower growing, palm growing and sugar) and on detecting situations of unwarranted use of labour intermediation and also because additional formalities were introduced to the legislation on administrative procedure regulating these activities in 2012 and the procedure therefore takes longer to complete; and (ii) the number of inspections was 7,289 in 2015, 6,351 in 2016, 5,445 in 2017 and 762 in the first quarter of 2018. The Committee notes that the Government does not provide information on the number of inspections carried out subsequent to the latter date nor does it indicate the number of inspections that took place in agricultural enterprises.

Furthermore, the Committee notes that, in their observations, the CTC, CUT and CGT consider the number of labour inspectors to be insufficient and, in addition, indicate that the 355 new labour inspector positions are currently vacant. The Committee notes the Government’s indication, in this regard, that the number of inspectors has been gradually increasing in recent years, which has resulted in their greater presence throughout the country, and that although the number of posts should remain under constant review, any adjustment must be made in accordance with the relevant technical and budgetary considerations.

The Committee requests the Government to adopt the necessary measures to ensure that the number of labour inspectors is sufficient to guarantee that establishments are inspected as often and as thoroughly as necessary in order to ensure the effective application of the relevant legal provisions.

The Committee also requests the Government to provide updated information on: (i) the number of labour inspector posts, specifying how many are currently occupied by active inspectors and their geographical distribution, as well as any measures taken or envisaged to fill the vacant posts; and (ii) the number of inspections carried out annually, disaggregated by sector.

Articles 11(1)(b), (2) and 15(a) of Convention No. 81 and Articles 15(1)(b), (2) and 20(a) of Convention No. 129. Transport facilities. Principle of the independence and impartiality of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) the Constitutional Court declared inadmissible a constitutional claim filed in 2015 by the Ministry of Labour in respect of section 3(2) of Law No. 1610 of 2013, which allows labour inspectors to seek logistical assistance from employers or workers, where conditions on the ground so require, in order to access workplaces liable to inspection; (ii) the Ministry of Labour gave instructions to inspectors to refrain from applying the aforementioned provision until the matter was properly resolved; (iii) inspectors travel in vehicles supplied by the Ministry of Labour in order to provide their services in rural areas; and (iv) labour inspectors are entitled to reimbursement of the full cost of transport and the transport expenses that they incur in accordance with Circular No. 12 of 2018, which reorganized the distribution of the budget of territorial directorates with a view to ensuring that inspectors have all necessary financial resources to discharge their functions.

The Committee notes that, in their observations, the CTC, CUT and CGT: (i) indicate that labour inspectors are not independent with regard to transport, since the necessary resources may be provided by trade unions or by employers; (ii) note that because Colombia has inaccessible rural areas, many of which are war-torn, inspections are difficult when inspectors do not have reliable access to vehicles or security measures; (iii) consider that the Government should provide information on the vehicles, among other resources, available to inspectors, in order to determine if they are sufficient. The Committee further notes that under the Public Policy for the prevention, inspection, monitoring and control of labour 2020–2030, it is envisaged that each region will carry out a transport study so that the minimum costs associated with the performance of labour inspection functions, including inspections, can be established in order to assign an appropriate budget.

The Committee urges the Government, in the interest of legal certainty, to consider amending section 3(2) of Law No. 1610 of 2013, with a view to excluding the possibility of labour inspectors seeking logistical assistance from employers or workers in order to gain access to workplaces liable to inspection. The Committee also requests the Government to indicate whether, in practice, inspectors are in fact disregarding the aforementioned provision, and to provide information on the percentage of inspection visits carried out using transport facilities provided by employers or workers. Furthermore, the Committee requests the Government to provide information on any study conducted relating to transport for inspectors, the findings and the actions taken or envisaged in this regard. In addition, the Committee requests the Government to provide information on any measures adopted or envisaged to ensure the safety of inspectors performing functions in regions where law and order could pose a problem.

Lastly, the Committee once again requests the Government to provide information on progress made with regard to the purchase of vehicles for labour inspection services and to describe the availability of means of transport in the different territorial labour inspection services.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Adequate and effectively enforced penalties. Discretion to give a warning or advice. 1. Fines imposed and collected. Further to its previous comments on the body responsible for the collection of fines, the Committee notes that, according to the information provided by the Government, fines imposed by the labour inspectorate prior to 1 January 2020 continue to be collected by the National Apprenticeship Service (SENA) and incorporated in its budget, and fines imposed from that date are collected by the debt enforcement group of the legal advisory office of the Ministry of Labour and allocated to the Labour and Social Security Inspection, Monitoring and Control Strengthening Fund (FIVICOT), established in 2019 under section 201 of Law No. 1955 of 2019 (approving the National Development Plan 2018–2022), as a special State account, without legal personality, attached to the aforementioned Ministry. FIVICOT resources will be used to strengthen labour and social security inspection, monitoring and control functions.

Further to its previous comments on progress made in the effective collection of fines imposed, the Committee notes the Government’s indication concerning activities carried out between 2015 and 2018 to improve the collection of fines allocated to the SENA, including the use of precautionary measures in collection procedures, the submission by the SENA of monthly reports to the Ministry of Labour on the management of fine collection at the national level and the introduction of a process linking the Ministry of Labour’s Inspection, Monitoring and Control System (SISINFO) and the SENA’s Information, Collection, Budget and Recovery System (SIREC), which will allow enforced penalties to be transferred directly to the SENA.

In their observations, the CTC and CUT indicate that there are consistently more unenforced than enforced penalties, that there are delays in the resolution of administrative sanctioning proceedings, that the Ministry of Labour forwards the decisions handed down in these proceedings to the SENA with unjustified delay and that the effectiveness of the SENA in the collection of fines is low. The Government indicates in this regard that: (i) unenforced penalties are not payable pending appeals against them, but will be collected once the appeals are resolved and the penalties become final; (ii) in order to comply with the terms of the resolution procedures for which the labour inspectorate has responsibility, these procedures have been clearly defined, a manual on the functions and competencies of inspectors was adopted in 2018, and inspectors have received training on compliance with the procedural terms; and (iii) the effectiveness of the SENA with regard to the collection of fines increased from 32 per cent in 2013 and 56 per cent in 2015 to 77 per cent in 2017.

Further to its previous comments on statistics relating to violations detected, penalties imposed and the collection of penalties, the Committee notes the information provided by the Government for the period 2018–2021 in connection with: (i) the number of administrative investigations launched by the labour inspectorate; (3,056 in 2018, 2,584 in 2019, 1,376 in 2020 and 2,006 in 2021); (ii) the number of penalties (enforced and unenforced) imposed in all economic sectors (3,334 in 2018, 3,341 in 2019, 1,639 in 2020 and 3,432 in 2021), including in the agricultural sector (94 in 2018, 107 in 2019, 49 in 2020 and 135 in 2021), with disaggregated information on sugar cane, palm and flower industries; (iii) the total value of the aforementioned fines (124,458,958,537 Colombian pesos (COP) in 2018 and COP67,071,024,937 in 2021), including in the agricultural sector (COP5,305,600,134 in 2018 and COP2,210,211,035 in 2021), as well as with disaggregated information on the aforementioned industries; and (iv) the amount of the fines collected (COP15,157,812,093 in 2018 – collected by the SENA – and a total of COP6,561,296,813 in 2021 – collected by the SENA for FIVICOT). The Committee notes that the Government has not provided the statistics requested on either the number or the nature of the violations giving rise to all of the penalties imposed.

Furthermore, on the basis of the above information, the Committee notes that during the period 2018–21, while the total number of penalties increased in 2021 (after having decreased between 2018 and 2020 by approximately 50 per cent), the number of administrative investigations launched decreased by approximately 34 per cent, the amount of fines imposed decreased by approximately 45 per cent, and the amount of fines collected decreased by approximately 55 per cent; and that the proportion of fines collected to fines imposed was approximately 12 per cent in 2018 and approximately 10 per cent in 2021. In this respect, the Committee notes the indication in Chapter 3 of OECD Reviews of Labour Market and Social Policies: Colombia 2022 that the decrease in sanctioning procedures and the consequent reduction in the number of penalties imposed by the labour inspectorate are the result of its shift in focus from reactive to preventive visits, which currently account for roughly 80 per cent of all inspections. The Committee requests the Government to provide detailed information on the reasons for the decrease in the number of administrative investigations launched, and the numbers and amounts of penalties imposed, as well as information on the low proportion of fines collected in relation to fines imposed.

The Committee also requests the Government to provide updated information on the number and nature of violations detected, as well as on the penalties imposed and the matters concerned, including the size of the fines applied and collected, disaggregated by sector. Furthermore, the Committee requests the Government to continue providing information on the steps taken in order to improve the effective collection of fines, both with regard to the SENA and FIVICOT, including information on the state of progress of the interlinkage between SISINFO and SIREC and its impact on the collection of fines.

2. Discretion of labour inspectors to give warning or advice. The Committee notes that the Government reports the adoption of Decision No. 772 of 2021, which establishes guidelines for the exercise of the preventive function in the form of prior notice, with a view to further developing this function entrusted to labour inspectors under section 3(1) of Law No. 1610 of 2013. The Committee notes that, according to the information provided by the Government, this preventive function: (i) requires inspectors to carry out more information and awareness-raising work in relation to workers and employers; (ii) empowers inspectors to take steps to ensure compliance with workers’ rights and avoid possible disputes between workers and employers, such as, for example, by the promotion and approval of a compliance and improvement plan with corrective and preventive measures agreed by the employer and the workers; (iii) is performed by inspectors automatically or in response to a complaint about an alleged violation of workers’ rights and before carrying out preliminary inquiries or initiating administrative sanctioning proceedings, without being a prior stage for these; (iv) does not seek to establish whether a violation has been committed (feasible only under administrative penalty proceedings), which is why the worker and employer concerned are not deemed parties; and (v) ceases to be exercised when the case is transferred to the competent authority, is archived having been expressly withdrawn by the complainants or when a preliminary investigation or administrative sanctioning proceedings are instituted when the inspectors deem that the events at issue in the proceedings have not been resolved and constitute a violation of labour standards. The Government indicates that the exercise of the preventive function under the above conditions aims to provide a prompt and timely response to claims of labour rights violations, as well as to rationalize the use of resources by avoiding the precipitous launch of preliminary inquiries or institution of administrative sanctioning proceedings.

In their observations, while the CTC, CUT and CGT express the wish that the activities of the labour inspectorate should centre on education and prevention, they also refer to the lack of information from the Government on the number of preventive actions taken, as well as the impact of such actions on reducing labour rights violations or promoting labour rights. In this regard, the Committee notes that section 11 of Decision No. 772 provides that actions taken in performance of the preventive function must be recorded on a digital platform in order to facilitate their monitoring and control.

In connection with the discretion of labour inspectors to give warning or advice, the Committee deems it useful to recall that the discretion provided for in this regard in Article 17(2) of Convention No. 81 and Article 22(2) of Convention No. 129 implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill-will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning. The Committee requests the Government to provide information on the application in practice of the preventive powers of labour inspectors provided for in Decision No. 772 of 2021, specifying the cases in which labour inspectors may take such actions and the number of actions taken (as a percentage of total inspection activities). In addition, the Committee requests the Government to indicate the measures taken to monitor and control these preventive actions, as well as their outcomes.

3. Suspension or termination of administrative sanctioning proceedings. The Committee notes that section 200 of Law No. 1955 of 2019 empowers the Ministry of Labour to suspend or terminate administrative sanctioning proceedings for violation of labour standards, other than those relating to the formalization of labour, by means of an agreement with the employers under investigation, provided that they recognize their failure to comply with the relevant labour standards and undertake to implement corrective measures within one year through an improvement plan which must be approved by the Ministry of Labour. Once the improvement plan is fully implemented, the administrative sanctioning procedure is terminated. With regard to the imposition of penalties, the provision in question stipulates that: (i) if the agreement between the Ministry of Labour and the employers concerned is concluded at the preliminary inquiries stage, no penalty shall be applied; (ii) if it is concluded between the filing of charges and the presentation of pleadings, the penalty shall be reduced by half; (iii) if it is concluded between the evidentiary stage and the submission of allegations, the penalty shall be reduced by one third; (iv) the penalty shall not be reduced in the event that the employer repeats the violations; and (v) if the improvement plan is not complied with, the suspension shall be lifted and the remaining stages of the procedure shall continue, without any reduction of the penalty. The Committee requests the Government to provide information on the application in practice of the power provided for in section 200 of Law No. 1955 of 2019, to specify the officers authorized to exercise it and the circumstances under which they may do so and to indicate the number of administrative sanctioning proceedings suspended or terminated pursuant to the exercise of that power (as a percentage of total current sanctioning proceedings). The Committee also requests the Government to provide a copy of any supplementary regulations adopted by the Ministry of Labour pursuant to the aforementioned provision.

In addition, the Committee notes that, in their observations, the CTC, CUT and CGT contend that the aforementioned provision does not provide for: (i) the participation of the workers or workers’ organizations concerned in the conclusion, implementation and monitoring of agreements to suspend sanctioning proceedings or in the associated improvement plans; or (ii) redress for harm caused to workers or their representatives by the conduct under investigation. These workers’ organizations consider that this situation poses a risk of impunity and the possibility of concluding agreements that do not adequately protect the rights of workers who have filed complaints the investigation of which may eventually be suspended or terminated. The Committee requests the Government to provide its comments in this respect.

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

[The Government is asked to reply in full to the present comments in 2023.]

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

The Committee notes the observations made by the Confederation of Workers (CTC) received on 29 August 2015.

The Committee notes the information provided by the Government in its report in reply to its previous requests concerning the qualifications required for labour inspection posts (Article 7) and the administrative procedure for the reimbursement of travel expenses incurred in the duties of labour inspectors (Articles 11 and 12(1)(a)). As regards the latter issue, it appears from the explanations provided by the Government that the authorization by the territorial directorates may also be given following an inspection carried out at the initiative of a labour inspector, and that it does not affect the reimbursement of travel expenses incurred or restrict the freedom of labour inspectors to enter any workplace liable to inspection without prior authorization.

Having previously noted the observations made by the Single Confederation of Workers of Colombia (CUT) concerning the delay in issuing regulations under Act No. 1610 concerning certain aspects of labour inspection and certain decisions on the formalization of employment, it notes the Government’s reference to the issuing of Decree No. 0472 of 17 March 2015 concerning the criteria to be applied in relation to the amount of fines to be imposed and the procedure to be followed when ordering preventive measures (such as the prohibition of work or the sealing or closing down of a workplace).

Article 3(1) and (2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee noted that according to the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the CUT, labour inspectors are assigned additional tasks, such as administrative functions, at the expense of their primary tasks, and spend more time on conciliation than on their primary functions. In this regard, the Committee requested the Government to state clearly the number of inspectors who are exercising the functions of prevention, inspection, monitoring and control in practice, that is, functions within the meaning of Article 3(1) of the Convention.

The Committee notes that the Government indicates that, irrespective of the group to which they are assigned (prevention, inspection, monitoring and control; the conciliation and the resolution of individual and collective conflicts; or citizen service and administrative procedures), all labour inspectors exercise functions within the meaning of Article 3(1) of the Convention. For example, (i) labour inspectors assigned to the task of conciliation and the resolution of individual and collective conflicts are also entrusted with investigations concerning acts of anti-discrimination, and may also provide technical assistance and advice concerning compliance with legal provisions, and (ii) labour inspectors assigned to the task of citizen service and administrative procedures also deal with the issuing of authorizations concerning the legal provisions on working time and child labour.

While the Committee notes from the above statements of the Government that the tasks of conciliation and the resolution of individual and collective conflicts and of citizen service and administrative procedures also include elements of advice and control, it recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take measures to ensure that labour inspectors focus principally on the inspection of workplaces and on taking the necessary action.

The Committee requests the Government to provide further information on the tasks exercised by inspectors entrusted with citizen service and administrative procedures. It also invites the Government to consider entrusting the function of conciliation to another body, and to provide information in this regard.

Articles 6 and 7(1). Status of labour inspectors as public servants and their permanent appointment on the basis of competitions testing their aptitudes. The Committee previously noted the Government’s indications that, of the 696 labour inspectors that were working at the labour inspectorate in 2014, 102 labour inspectors were public servants covered by the administrative career system, while 594 labour inspectors held temporary contracts. The Government stated that while the latter did not enjoy full employment stability, they had relative employment stability, in accordance with relevant judgments handed down by the Constitutional Court in 2008 and 2013, as there were only limited grounds on which public servants with temporary contracts could be removed from their post.

It notes from the information in the 2014 report of the Ministry of Labour “Inspection activities to promote decent work” that of the 826 labour inspectors that are currently working within the labour inspection services, 100 labour inspectors are public servants covered by the administrative career system, while 726 hold temporary contracts. The Committee notes the Government’s reiterated indications in its report that the labour inspectors that are employed on a temporary basis enjoy relative employment stability, and the reiterated observations of the CTC, according to which these labour inspectors have a precarious work relationship, and can be freely appointed or removed from their posts. The Committee requests the Government to take the necessary measures to bring labour inspectors within the administrative career system of public servants through the conduct of merit-based competitive exams, and to proceed with the appointment of all labour inspectors on a permanent basis so as to guarantee them full stability of employment and ensure that they are independent of changes of government and any improper external influences.

Articles 5(a), 17 and 18. Effective enforcement of sufficiently dissuasive sanctions for labour law infringements. The Committee previously noted with interest that the Government had taken several measures to ensure the effective enforcement of sufficiently dissuasive sanctions for labour law violations but also noted the observations made by the CUT that labour inspectors issue less than one sanction for non-compliance per month, and the observations made by the CTC, according to which it is necessary to ensure that the fines imposed are also collected.

In relation to further efforts made to enhance the collection of fines, the Committee notes that the Government refers to the National Development Plan for 2014–18 which foresees the possibility of outsourcing the collection of fines to a public body, a function which is currently entrusted to a government body named the National Apprenticeship Service (SENA). It also notes the reference made to different activities of the SENA to enhance the collection of fines, including the establishment of an administrative unit at the SENA for the collection of fines employing 89 employees, and the training and the establishment of guidelines for the territorial directorates to avoid fines becoming time-barred. It finally notes the issuing of Decision No. 1235 of 2014 establishing the Internal Regulations of the SENA for the collection of outstanding payments through administrative enforcement procedures which, according to the Government, has enabled the accelerated collection of fines. In this regard, the Committee notes that it appears from the statistics provided by the Government that from 2013 to 2014, 1,096 penalties have been imposed, resulting in fines amounting to 26,439,936,750 Colombian pesos (COP) (approximately US$9.45 million), and that fines amounting to COP6,782,649,536 (approximately US$2.42 million) have been effectively collected in that period.

It also notes the Government’s indications, in response to the Committee’s request for detailed statistics on the number of violations detected and the penalties imposed, that it is necessary to organize and electronically systematize the existing files with a view to extracting relevant data. In this regard, it refers to efforts currently undertaken by the Ministry of Labour, accompanied by the ILO concerning the development of a follow-up and management system for administrative enforcement. In this regard, the Committee also notes that statistics on the number of penalties imposed, and the legal provisions to which they relate were included in the 2013 annual report on the work of the labour inspection services. The Committee requests the Government to continue to provide information on the progress made with, and the impact of, the above measures, including the improvement made in the collection of fines. In this regard, it also asks the Government to provide information on whether the collection of fines has been entrusted to a body other than the SENA.

Please also provide detailed statistics on the number of violations detected and the penalties imposed, if possible aggregated by reference to the relevant legal provisions, and information on the collection of fines.

Articles 20 and 21. Elaboration, publication and communication to the ILO of annual labour inspection reports. The Committee previously noted with interest the national labour inspection report for 2013. It further noted the Government’s indications that the basis for an information system for the collection of inspection data had been initiated in 2014 with ILO technical assistance and should be implemented by 2016, which should improve statistics and reports. It notes that the 2014 report of the Ministry of Labour “Inspection activities to promote decent work” contains information on the laws and regulations relevant to the work of the inspection services (Article 21(a)) and the staff of the labour inspection services (Article 21(b)). However, the Committee notes that an annual report on the activities of the labour inspection services in 2014, containing information on all of the subjects as required under Article 21(a)–(g) has not yet been received at the ILO. The Committee requests the Government to continue to provide information on the establishment of the information system for the collection of inspection data. It hopes that the 2014 annual labour inspection report will soon be received at the ILO, and trusts that future annual reports will be published and regularly communicated to the ILO, and that they contain information on all the subjects covered by Article 21(a)–(g).

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

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.

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

Referring to its observation, the Committee wishes to raise the following additional points.

The Committee notes the detailed information provided by the Government in its report in response to the Committee’s previous requests, including the information on: the activities of the labour inspectorate with regard to prohibited forms of labour intermediation, the relevant penalties imposed and the establishment of a large number of formalization agreements by which workers were brought into the formal sector (Articles 2 and 3(1) of the Convention); the comprehensive training provided to labour inspectors and the development of relevant technical manuals and instruments (Article 7(3)); the legislative provisions setting out the preventive functions of labour inspectors and their powers of injunction, particularly in the event of imminent danger to the health or safety of workers (Articles 3(1)(b) and 13); and (iv) the legislative provisions requiring the notification to the labour inspectorate of industrial accidents and cases of occupational disease (Article 14).

Article 3(2) of the Convention. Additional duties of labour inspectors. The Committee notes the indications by the Confederation of Workers of Colombia (CTC) and General Confederation of Labour (CGT) that labour inspectors are assigned additional tasks, such as administrative functions, at the expense of their primary tasks. According to the Single Confederation of Workers of Colombia (CUT), labour inspectors spend more time on conciliation than on their primary functions. In this regard, the Committee understands from the Government’s explanations that, in accordance with Administrative Decisions Nos 404 of 22 March 2012 and 2143 of 28 May 2014, the functions of labour inspectors depend on the group in the territorial directorates to which they are assigned, and that they can be assigned either the tasks of: (i) prevention, inspection, monitoring and control; (ii) conciliation and the resolution of individual and collective conflicts; or (iii) customer service and administrative procedures. It notes the Government’s indication that labour inspectors entrusted with the functions of prevention, inspection, monitoring and control are not entrusted with any additional functions. The Committee asks the Government to state clearly the number of inspectors who are exercising the functions of prevention, inspection, monitoring and control in practice, i.e. functions within the meaning of Article 3(1) of the Convention.

Articles 6 and 7(1). Status of labour inspectors as public servants and their permanent appointment on the basis of competitions testing their aptitudes. The Committee notes the Government’s indication that, of the 696 labour inspectors currently working at the labour inspectorate, 102 labour inspectors are public servants covered by the administrative career system, while 594 labour inspectors currently hold temporary contracts. While the latter do not enjoy full employment stability, they have relative employment stability, in accordance with relevant judgments handed down by the Constitutional Court in 2008 and 2013. The Committee notes the Government’s reference to the reasons given by the Court, according to which there are only limited grounds on which public servants with temporary contracts can be removed from their posts including: their replacement by successful candidates following merit-based competitive exams, their dismissal as a disciplinary sanction for professional misconduct, and inadequate performance (based on written evidence, which can be contested by the official). The Government indicates that the Ministry of Labour is aware of the need to appoint all labour inspectors to posts covered by the public career system following merit-based competitive exams and has therefore initiated the relevant procedures to conduct such competitions to fill the vacant posts. In this context, the Committee also notes the observations made by the CUT and CTC that, as labour inspectors are not appointed following competitive exams, they can be removed from their posts at any time (according to the CUT, 55 labour inspectors were dismissed from their posts in 2012, and 48 in 2013). In this regard, the Committee also notes the indications of the CUT that, even though an investment is made in the training of labour inspectors, labour inspectors do not stay long in the labour inspectorate and often end up working in the private sector. The CUT adds that the qualifications required for labour inspection posts are minimal. The Committee welcomes the initiation of measures by the Government to conduct merit-based competitive exams and trusts that the Government will not fail to proceed with the appointment of all labour inspectors on a permanent basis so as to ensure their stability of employment and to ensure that they are independent of changes of government and any improper external influences. Please also provide detailed information on the recruitment procedures used to test the aptitude of candidates, and provide information on the qualifications required for labour inspection posts.

Articles 11 and 12(1)(a). The reimbursement of travel costs and the effect given in practice to the principle of the freedom of labour inspectors to enter any workplace liable to inspection. The Committee notes that the Government has not provided a reply to the previous observations made by the CUT and the CTC concerning the requirement for previous authorization from the territorial directorates for the reimbursement of travel expenses, which the Committee inferred might be an obstacle to or restriction on the principle of freedom of labour inspectors to enter any workplace liable to inspection, as provided for in Article 12(1)(a). The Committee once again asks the Government to provide information on the application in practice of the right of labour inspectors to enter workplaces liable to inspection freely, without prior authorization (Article 12(1)(a)).

Articles 3(1)(a) and (b), 5(a), and 17 and 18. Preventive activities of the labour inspection services and the effective enforcement of sufficiently dissuasive sanctions for labour law infringements. The Committee notes the information provided on the activities carried out by the labour inspectorate concerning prevention (such as inspection visits in workplaces with a high risk of non-compliance, promotional activities resulting in workplace improvement agreements, numerous awareness-raising campaigns, joint activities with the social partners, campaigns in the informal economy, etc.).

With regard to the measures taken to ensure the deterrent effect of sanctions and their effective enforcement, the Committee notes with interest the Government’s indications concerning the increase in the amounts of fines and penalties for a number of labour law infringements (concerning freedom of association and collective bargaining, labour intermediation, occupational safety and health, etc.) in the national legislation in recent years and the strengthening of the relevant enforcement mechanisms, including the collection of fines. In this context, the Committee notes, for example, that: (i) the 2013 Code of Administrative Procedure and Litigation provides for more expedient administrative procedures (a reduction in the time within which decisions have to be taken from 3-4 years to less than nine months); (ii) Administrative Decision No. 2123 of November 2013 provides that appeals against administrative acts imposing fines have no suspensive effect; (iii) the initiation of a reform project foreseeing, on a transitional basis, the establishment of three additional “decongestion chambers” to assist the Labour Chamber of the Supreme Court to respond to the increased number of pending cases; and (iv) the designation of specialized personnel at the regional level for the collection of fines and the development of a plan to strengthen the relevant procedures. In this regard, the Committee also notes that, during 2013–14, 1,759 inspection visits have been carried out, and that in 1,782 cases penalties have been issued and enforced, resulting in fines amounting to 58,139.772.821 pesos (approximately US$30.6 million). The Government further indicates that the training of labour inspectors in the framework of the ILO project entitled “Promoting compliance with international labour standards in Colombia” has had the impact of improving the capacity of labour inspectors to investigate cases and impose the appropriate level of penalties (such as in the area of freedom of association), including through the harmonization of the relevant criteria (numerous guidelines and a comprehensive manual provide guidance for labour inspectors in this respect). The Committee also notes that, according to the CUT, both the preventive and enforcement activities of the labour inspectorate are insufficient, and that labour inspectors issue less than one sanction for non-compliance per month. According to the CTC, it is necessary to ensure that the fines imposed are also collected.

Concerning the measures taken for effective cooperation with the judicial authorities, the Committee also notes the Government’s indication, that: (i) the Ministry of Labour has been provided with free access to information on court decisions, contained in the so-called LEGIS information system; (ii) court decisions of high relevance are communicated to different government bodies, including the labour inspectorate; and (iii) judges have been provided with training by the ILO and the Ministry of Labour, based on a practical guide on how to proceed in the case of administrative actions relating to violations of freedom of association. The Committee requests the Government to provide information on the impact of the above measures (including the improvement made in the collection of fines issued by labour inspectors) and hopes that the Government will soon be in a position to provide detailed statistics on the number of violations detected and the penalties imposed, if possible aggregated by reference to the relevant legal provisions, and to ensure that this information is included in the annual reports of the labour inspection services.

Articles 20 and 21. Elaboration, publication and communication to the ILO of annual labour inspection reports. The Committee notes with interest the national labour inspection report for 2013. According to the Government, this report is an initial approximation of future annual reports and contains, among other things, information (disaggregated by economic sector) on: (i) a list of the legislation concerning labour inspection; (ii) the number of labour inspectors and their geographical distribution; (iii) the number of enterprises subject to labour inspection; (iv) the number of workers and self-employed workers; (v) the number of inspection visits conducted; (vi) the number and the amount of the fines imposed; and (vii) the number of occupational accidents and of cases of occupational disease. The Committee trusts that the Government will take the necessary measures for the publication of this report. Furthermore, the Government hopes that subsequent annual reports on the work of the labour inspection services will also include statistics on violations detected (with reference to the relevant legal provisions) and that future reports will be regularly communicated to the ILO.

Articles 22 et seq. Part II of the Convention. Labour inspection in commerce. The Committee notes the Government’s indications that labour inspection in the country is not limited to certain economic sectors, but covers all workplaces in the industrial, agricultural, commercial and informal sectors. The Government indicates that it will respond to the request made by the Committee to provide information on the conclusions reached by the Subcommittee on International Affairs for the Labour Sector concerning the acceptance of Part II of the Convention on a system of labour inspection in commercial workplaces, which will also be submitted to the Standing Committee on the Negotiation of Wages and Labour Policies once the conclusions have been adopted. The Committee requests the Government to provide information on any developments in this regard.

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

Follow-up to the discussion in the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussions in the Conference Committee on the Application of Standards (CAS) on the application of the Convention concerning: the necessary legislative measures to give effect to the requirements of the Convention; the strengthening of the labour inspection system; enforcement mechanisms for labour law violations and sufficiently dissuasive sanctions; and the publication and communication to the Office of annual labour inspection reports. In this regard, the Committee welcomes the information provided by the Government to the CAS on the progress made in the application of the Convention, and its commitment to address all the pending issues raised by the CAS and this Committee.

The Committee notes the report and additional information provided by the Government, received on 20 September and 7 November 2014, respectively. It also notes the observations made by the General Confederation of Labour (CGT), the Confederation of Workers of Colombia (CTC), and the Single Confederation of Workers of Colombia (CUT), received on 4 June and 1 September 2014, 29 August 2014, and 31 August 2014, respectively. The Committee notes that the CTC and CGT acknowledge the measures taken by the Government to strengthen the labour inspection system, but indicate that they are still insufficient to achieve the effective application of the Convention. The Committee asks the Government to provide its comments in this respect.

The Committee further notes that the CUT indicates that regulations have not yet been issued under Act No. 1610 regulating certain aspects of labour inspection and certain decisions on the formalization of employment. This is so notwithstanding that the Act foresees a time frame of six months for their adoption in a tripartite manner and despite the fact that relevant submissions and petitions by the representatives of the employers’ and workers’ organizations have been made. In this respect, the Committee notes the Government’s indications that, in the application of section 19 of Act No. 1610, a subcommittee (composed of representatives of workers’ and employers’ organizations and the Ministry of Labour) was established for the regulation of this Act, and has elaborated a draft Decree on the criteria to be applied when imposing fines and the procedure to be followed when ordering measures with immediate executory force. The Committee requests the Government to provide information on any developments in this regard.

The Committee further notes the joint comments made by the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 29 August 2014, highlighting the progress made in the application of the Convention, and the measures taken by the Government in this regard.

Technical cooperation project on international labour standards and technical cooperation programme on workplace compliance. The Committee welcomes the Government’s request to continue to benefit from ILO technical assistance in the framework of: the technical cooperation project “Promoting compliance with International Labour Standards”; and the programme in the ILO’s area of critical importance “Strengthening Workplace Compliance through Labour Inspection” (ACI 7), for which Colombia has been selected as one of the three pilot countries to develop model strategies for workplace compliance, in accordance with the principles of the labour inspection Conventions.

Articles 10 and 16 of the Convention. Number of labour inspectors exercising functions within the meaning of the Convention. Having previously noted the reiterated indications by the CUT and the CTC concerning the insufficient number of labour inspectors, the Committee notes with interest the Government’s indications that the number of approved labour inspection posts has increased from 424 in 2010 to 904 in 2014 (633 labour inspectors specialized in legal matters and 271 in medicine, engineering, management and economics) and that the number of labour inspectors appointed increased from 530 in August 2013 to 715 in November 2014. According to the observations made by the CUT and CGT, the current number of labour inspectors is still inadequate in relation to the number of workers and for the effective enforcement of the respective legal provisions, including in the areas of freedom of association, collective bargaining and prohibited forms of labour intermediation. In this regard, the CUT also indicates that the labour inspection system is inefficient and that despite the increase in the number of labour inspectors, the number of labour inspections has decreased considerably. According to the CTC, labour inspections need to be intensified in particular in agriculture, mining and ports. The Committee trusts that the approved posts will soon be filled and asks the Government to provide information on the progress made in this regard, including information on the number of inspections made each year since 2013 and the training provided.

Article 11. Material means, including transport facilities. In its previous observations, the Committee requested the Government to take the necessary steps to ensure that resources assigned to labour inspectors are determined in accordance with the essentially mobile nature of their duties. In this regard, the Committee notes that the Government affirms its commitment to improving the financial resources of the labour inspectorate, and indicates that a special budget in the amount of 539,657,906 Colombian pesos (COP), approximately US$259,613, has been assigned for transport facilities and travel expenses. The Government further indicates that a draft Decree under section of Act No. 1610 concerning the administrative procedure for the granting of logistical support and transport for labour inspectors was elaborated, and is currently being reviewed. The Committee further welcomes the Government’s indication that considerable financial resources have been invested in upgrading, financing and modernizing the labour inspectorate’s physical infrastructure (COP29,000,000,000, approximately $15 million). The Committee also notes the observations of the CTC that labour inspectors lack adequate means for the discharge of their duties. According to the observations of the CUT, labour inspection remains focused on urban areas. The Committee asks the Government to continue to provide information on the measures taken to improve the transport facilities of the labour inspection services, and the reimbursement of the travel costs incurred.

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 explanations that: (i) this provision was introduced because it is difficult to gain access to certain isolated areas, for example in the mining and petroleum sectors, which can only be reached by using transport made available by the company or trade union; (ii) this provision was also designed for the safety of labour inspectors in light of public order issues in some regions; and (iii) this provision has only been applied in exceptional cases and only after common agreement between the employers and workers. The Committee further notes that the Government affirms its commitment to take the necessary steps to follow up on the request of the Committee, including the amending of section 3(2) of Act No. 1610, if this is considered by the Committee to be necessary. In this regard, the Government proposes, as an immediate solution, to issue a Decree under Act No. 1610, which would allow for public sector entities to enter into inter-institutional agreements to facilitate the transport of labour inspectors where necessary and exclude the possibility of entering into agreements with employers or workers in this respect. The Committee trusts that the abovementioned Decree will soon be issued. It asks the Government to communicate a copy of the abovementioned Decree, once it has been issued, and to provide information on its application in practice. While the Committee welcomes the steps taken by the Government to bring the national legislation and practice into conformity with the abovementioned Articles of the Convention by means of a Decree under Act No. 1610, it encourages the Government, for the purpose of legal certainty, to also consider amending section 3(2) of Act No. 1610.

Articles 12(1)(c) and 15(c). Principle of confidentiality regarding the source of complaints. In its previous comments, the Committee requested the Government to take measures to establish a legal basis to ensure that labour inspectors respect the principle of the confidentiality of complaints so as to protect workers from reprisals from employers or their representatives. In this respect, the Committee notes with satisfaction the issuing of Ministerial Decision No. 1867 of 13 May 2014, imposing an obligation on labour inspectors to treat as confidential the source of all complaints, and making them liable to disciplinary procedures in the event of non-compliance with this obligation.

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

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

With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 3(1) of the Convention. Associated work cooperatives and pre cooperatives. With regard to control of the improper use of associated work cooperatives and pre-cooperatives, the Government’s report indicates that in the second half of 2012, 287 inspections were conducted in associated work cooperatives and five in associated work pre-cooperatives, while in the first half of 2013, 27 inspections were carried out in associated work cooperatives and three in associated work pre-cooperatives; 161 penalties were imposed on associated work cooperatives and two on associated work pre-cooperatives in the second half of 2012, while in the first half of 2013, 76 penalties were imposed on cooperatives and pre-cooperatives. The Committee requests the Government to continue to provide figures showing the inspections undertaken to control the improper use of associated work cooperatives and pre-cooperatives (particularly in the sectors most affected by this practice, including cooperatives and pre-cooperatives that provide services in high-risk sectors, those holding contracts in the mining sector, flower growing, etc.). It again asks the Government to provide information indicating the sector and region concerned, including: (i) the penalties imposed (fines, suspension and/or annulment of legal status); (ii) reduced penalties granted pursuant to section 10 of Decree No. 2021 of 2011; (iii) any measures taken or envisaged allowing labour inspectors to visit unregistered as well as registered premises of associated work cooperatives and to exercise all the powers vested in them and not only the control of documents, as advocated previously by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC); and (iv) the number of “improvement agreements” concluded under the programme to monitor and control associated work cooperatives, and their impact on the objective set out in the Convention.

Article 3(2). Additional duties of labour inspectors. The Committee notes that the CUT and the CTC stress that the working time of labour inspectors is poorly distributed since providing oral advice and conducting conciliation continue to have priority among their duties. The trade unions advocate that mediation should be a service performed by the Ministry of Labour, and not a function of the labour inspectorate. Further to its previous comments, the Committee notes that Resolution No. 2605/09, which according to information in the Government’s previous report, assigned a special group of inspectors to conciliation and another to inspection and monitoring, was amended by Resolution No. 00000404 of 22 March 2012. It notes that pursuant to the latter resolution, internal working groups are set up which report to the territorial directorates or the Ministry’s special offices. The Committee observes that according to the abovementioned resolution, in addition to conciliation, labour inspectors continue to deal with various procedures and tasks other than those prescribed in the Convention. It further notes that section 3(3) of Act No. 1610 of 2 January 2013 maintains among the duties of labour and social security inspection conciliation in individual or collective labour disputes. The Committee again reminds the Government, that, according to Article 3(1) of the Convention, the functions of the system of labour inspection. It also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which provides that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. Consequently, the Committee requests the Government to provide information on the measures taken to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary in their relations with employers and workers, in accordance with Article 3(2) of the Convention.

Article 6. Legal status and conditions of service of labour inspectors. The Committee notes that the CUT and the CTC again report that new labour inspectors are not career civil servants, nor have they been appointed on the basis of merit and have no job security, most of them having been appointed provisionally and for political favours. The Committee again asks the Government to specify: (i) the current number of inspectors appointed on a provisional basis as compared to those in the administrative career category; (ii) the duration of temporary appointments; (iii) the tasks assigned to temporary inspectors; (iv) the powers assigned to them; and (v) the manner in which it is ensured that they are independent of changes of Government and of improper external influences, as required by Article 6 of the Convention.

Article 7(3). 1. Continuous training of labour inspectors. With regard to the recommendations of the ILO high-level tripartite mission that visited the country from 14 to 18 February 2011, in connection with the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee noted in its previous comments that, according to the Government, a special training programme had been implemented for labour inspectors and that it was planned to provide them with intensive training in the analysis of labour risks, the law of evidence and the updating of standards. The Committee notes in this connection that according to the table showing the comprehensive programme of training for inspectors and other players in the inspection and monitoring system for 2012, included in the Government’s report, a few inspectors took part in an updating exercise concerning the Act on Occupational Risks; others attended a course on the strengthening of the system of inspection, monitoring and control and others, a course on building the capacity of the labour inspectorate to promote fundamental rights in Colombia. Furthermore, a total of 725 officials from the territorial offices took part in courses on the new Code of Administrative Procedures and Judicial Review of Administrative Acts. The Committee further notes that by the end of August 2013, a total of 125 inspectors, ten coordinators and 11 directors had participated in three courses on administrative labour procedure. The courses addressed the development of legal tools to facilitate the development of labour inspectors’ work; the formalization of employment and labour intermediation; collective rights, disputes settlement and the functions of inspection, monitoring and control. The Committee notes that the CUT and the CTC report that labour inspectors receive no training on their own occupational safety. The Committee encourages the Government to pursue its efforts to ensure that labour inspectors receive adequate training for the performance of the duties assigned to them pursuant to Article 3(1)(a)–(b) of the Convention and asks it to keep the ILO informed in this regard. Please continue to provide information on any other measures adopted or envisaged including under the abovementioned project, to implement an adequate and periodic programme of continuous training for labour inspectors, which includes training in the risks to which they may be exposed in performing their duties along with the safety measures to be taken for risk prevention.

2. Training in the area of freedom of association. In its previous comments the Committee asks the Government to indicate the measures taken or envisaged to ensure that programmes of initial and further training for labour inspectors include a specific module on awareness raising and training in the area of freedom of association. The Committee notes with interest that according to the Government, the Ministry of Labour, in cooperation with the ILO, has been organizing special training workshops on freedom of association, with emphasis on Conventions Nos 87, 98, 151 and 154 and that in the course of 2013, workshops have been held in Cali, Arauca and Villavicencio. The latter were attended by labour inspectors, judicial investigators, trade union organizations in the case of Arauca, and employers’ organizations in the case of Villavicencio, and were supplemented by a practical workshop in the afternoon. The Committee requests the Government to continue to provide information on any measures taken or envisaged to include awareness raising and training on freedom of association in the initial and further training programmes held for labour inspectors, and to indicate any effects these activities may have in terms of labour inspectors’ responsiveness in performing their duties relating to freedom of association.

Article 13. Labour inspectors’ powers to make or have made orders regarding occupational safety and health. The Committee notes that, pursuant to section 8 of Act No. 1610 of 2 January 2013, labour and social security inspectors may order as a function of the closure of a workplace for a period of three to ten working days, according to the seriousness of the violation, where there are conditions endangering the life, physical integrity and safety of the workers. Furthermore, in accordance with section 11 of the same Act, inspectors may order an immediate stoppage or prohibition of work or tasks for breach of the rules on the prevention of occupational risks in the event of serious and imminent risk to the health and safety of the workers, until the failure to comply with the rules has been overcome. The Committee draws the Government’s attention to paragraph 107 of its General Survey of 2006 on labour inspection, and requests it to ensure that the necessary measures are adopted to confer on labour and social security inspectors the authority to: (a) order such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure strict compliance with the legal provisions relating to the health and safety of workers; (b) order measures with immediate executory force in the event of imminent danger (whether or not it has arisen from non-compliance with the legislation) to the health and safety of the workers; or failing (a) and (b) above, to apply to the competent authority for the issue or adoption of the necessary measures.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee draws the Government’s attention to paragraph 118 of its General Survey of 2006 on labour inspection, and would be grateful if the Government would take the necessary measures to ensure that industrial accidents and cases of occupational disease are notified to the labour inspectorate, in accordance with this Article of the Convention and to keep the ILO informed of any progress made in this regard.

Articles 17 and 18 of the Convention. Prosecution and punishment of offences. The Committee notes that the CUT and the CTC allege the inertia of labour inspection as, in the rare cases where a decision is obtained, it is very often subject to a ruling not based upon the merits of the case, including violations in freedom of association. In addition to this, in cases where the ruling is on the merits, particularly in cases where the sanctioned employer is at fault, fines are negligently enforced. The Committee requests the Government to communicate its observations on this matter.

Articles 22 et seq., Part II of the Convention. Labour inspection in commerce. The Committee notes that the CUT and the CTC strongly advocate acceptance of the second part of the Convention on a system of labour inspection in commercial workplaces, given the growth of this sector, which according to data from the DANE employed 5,474,000 people in 2010, and the increase in commerce in the informal economy. The Committee welcomes the Government’s statement in its report that the matter will be examined by the Subcommittee on International Affairs for the Labour Sector, and the findings will be submitted to the Standing Commission on Labour and Wage Policies. The Committee would be grateful if the Government would send the conclusions adopted by the Subcommittee on International Affairs for the Labour Sector regarding this matter.

[The Government is asked to reply in detail to the present comments in 2014.]

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

The Committee notes the Government’s report received on 31 August 2013 and the attached documents. It also notes the observations of 27 August 2013 by the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI) and the Government’s reply of 18 October 2013 to these comments. It further notes the observations of 29 August 2013 by the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), which were forwarded to the Government on 16 September 2013. The comments refer for the most part to issues the Committee is already examining, and particularly: the conciliation function; the conditions of service of labour inspectors; the need for suitable continuous training for labour inspectors; the insufficient number of inspectors and the inadequacy of the resources available to inspectors for the performance of their duties; and the ratification of Part II of the Convention. The comments by the IOE and the ANDI focus on the efforts made by the Government to formalize employment in several sectors, particularly the sugar sector, the adoption of Act No. 1610 of 2 January 2013 regulating certain aspects of labour inspection and the employment formalization agreements, and the progress made in the technical cooperation project on international labour standards, in relation to the strengthening of labour inspection.

Technical cooperation project on international labour standards. The Government reports that four handbooks and other teaching material have been prepared on: (a) criteria for the graduation of penalties; (b) conduct of administrative sanction procedures; (c) the conduct of the administrative sanctioning procedure as it relates to breaches of the right to organize; (d) the conduct of an administrative sanction procedure for improper use of labour intermediation and other forms of intermediation that infringe the rights of workers. Furthermore, a training programme was implemented on administrative labour procedure, the formalization of employment and labour intermediation, with a focus on critical sectors such as mining, dock work and sugar, palm and flower production; collective rights and dispute settlement and the functions pertaining to inspection, supervision and control. The Committee requests the Government to send information, with supporting figures, on the impact of the project’s implementation on the performance of labour inspection duties, as provided for in Article 3(1)(a) and (b) of the Convention; the action taken on infringements of the labour legislation and the enforcement of adequate sanctions, in accordance with Articles 17 and 18 (indicating the provision of the law in question), including in respect of trade union rights.

The Committee welcomes the information that a baseline is being devised for the development of a computerized system to record and analyse labour inspection data. The Committee hopes that, thanks to progress made in implementing the computerized data entry and analysis system for information on labour inspection in the context of the abovementioned project the Government will soon be in a position to send an annual report on the work of the labour inspection services containing information on the subjects set forth in Article 21(a)–(g) and to ensure that a copy is sent regularly to the ILO within the time limits prescribed in Article 20.

Articles 3(1)(b), 17 and 18 of the Convention. Implementation of a preventive approach to labour inspection; prosecution and punishment of offences. In its previous comments, the Committee noted that, according to the CUT and the CTC, the system of “preventive” inspections established by Decrees Nos 1293 and 1294 of 2009, and Resolution No. 2605/09, had in practice turned into a system of tolerance of violations of workers’ rights.

As to the criteria for planning the different types of inspections, the Government states that in the territorial directorates, in some cases visits are triggered by a complaint from a worker, in which event the appropriate inquiry is launched, and in other cases, they are conducted automatically. Working conditions are analysed at the territorial level and workplace inspections are carried out in critical sectors, such as transport, mining, flower growing and the sugar sector. The Government reiterates that, pursuant to section 91 of Decree No. 1295 of 1994, the territorial director may impose a fine and also order activities to be suspended for up to six months in the event of imminent risk, without the need for a specific risk prevention order from the Ministry’s Occupational Risk Directorate. In reply to its previous comments, the Government indicated that the Ministry of Labour, although it does not have a system of information on judicial proceedings, addressed a memorandum to the territorial directorates pointing out that their officials are required to forward any complaints they receive for violation of the right of association. Noting that the Government has not provided the information requested in this regard, the Committee again requests the Government to provide information on the measures taken to ensure the deterrent effect of sanctions and to secure their enforcement. Furthermore, the Committee draws the Government’s attention to its general observation of 2007, and encourages it to take measures to ensure effective cooperation between the labour inspection system and the justice system, and provide the labour inspectorate with access to a register of judicial decisions.

Furthermore, observing that the Government has not replied to its comments on this matter, the Committee again requests it to specify whether, in the case of “preventive” visits, inspectors have the discretion to give warning and advice instead of instituting or recommending procedures, in accordance with Article 17(2) of the Convention.

The Committee also requests the Government to supply disaggregated information on the number of “preventive” visits, namely inspections conducted primarily for prevention and to improve working conditions, without recourse to any enforcement mechanisms, compared with general inspections and those conducted in response to complaints, the findings of inspectors in “preventive” visits and other types of inspections; the period and manner in which inspectors monitor the implementation of “improvement agreements” and the action they take if the results are unsatisfactory. Lastly, the Committee asks the Government to state whether measures have been taken to evaluate, with the participation of the social partners, and particularly the Labour and Wage Policy Commission, the impact of the “preventive” inspection model on the effective application of the legislation relating to conditions of work and the protection of workers.

Articles 10, 16 and 21(b) and (c). Numbers and geographical distribution of labour inspectors. Statistics of workplaces liable to inspection and number of workers employed therein. The Committee notes that the CUT and the CTC reiterate that the number of labour inspectors is too low for an economically active population of 20,696,000, according to the 2012 figures of the National Statistics Department (DANE), which is reflected in the fact that there have been only 165 enforceable decisions in four years.

The Committee notes the geographical distribution among the territorial directorates of the Ministry of Labour of the 624 labour inspectorate posts existing at the end of August 2012. It further notes that, according to the Government’s report, in April 2013 there were 501 serving labour inspectors and that by the end of August 2013 there was a total of 530 inspectors and 94 labour inspector posts were vacant. The Committee requests the Government to provide statistics on the workplaces liable to inspection, and the number of workers employed therein. By virtue of Article 10 of the Convention, the number of labour inspectors shall be determined with due regard for, inter alia, the number, nature, size and situation of the workplaces liable to inspection and the number and classes of workers employed in such workplaces. The Committee would also be grateful if the Government would specify the current number of inspectors in the various categories in practice, indicating which of them conduct inspections of workplaces. It also once again asks the Government to provide information on the results of the diagnosis which was under way in August 2012, on the structure, human and technological resources and location of all the territorial directorates, indicating their offices and the inspections they carry out, as well as eventual recommendations made within this framework and any measures taken or envisaged in order to ensure monitoring.

Articles 11(1)(b) and (2), 12(1)(a) and 15(a). Transport facilities available to labour inspectors and the principle of inspectors’ independence and impartiality. Referring to the observations made in 2012 in this regard by the CGT, the CUT and the CTC, the Committee notes that according to section 3(2) of Act No. 1610 of 2 January 2013 regulating certain aspects of labour inspection and certain decisions on the formalization of employment, labour inspectors may, subject to authorization from the territorial directorate, seek logistical assistance from the employer, worker, trade union organization or applicant for trade union status, where conditions on the ground so require, to gain access to the site where the inspection, monitoring and control are to be carried out. The Committee points out that this provision is inconsistent with the provisions of the Convention, and particularly Article 11(1)(b), which places an obligation on the competent authority to make arrangements to furnish labour inspectors with the transport facilities necessary to the performance of their duties where suitable public facilities do not exist. The Committee stresses that the abovementioned provision is contrary to the impartiality and authority that inspectors need in their relations with employers and workers. Consequently, the Committee requests the Government to take the necessary measures without delay to amend the legislation so as to align it with the Convention on this essential point, and to keep the Office informed in this regard.

In its previous comments, the Committee also pointed out that labour inspectors’ travel expenses were refunded only up to an amount of 4,000 Columbian pesos (COP), so any amounts in excess have to be borne by the labour inspectors themselves, and that according to the CUT and the CTC, in practice travel expenses are not refunded when inspections are carried out without prior authorization from the territorial directorate, and unforeseen expenses are not repaid either. The Committee notes in this connection the information from the Government to the effect that the Ministry, through its administrative and financial subdirectorate, assigns annual budgets to each of the territorial directorates, which include appropriations for commissions and travel expenses. The Committee would be grateful if the Government would take the necessary steps to ensure that resources assigned to labour inspectors are determined in accordance with the essentially mobile nature of their duties, so that labour inspectors are provided with transport facilities that are appropriate to the performance of their work, particularly in the territorial directorates and inspection offices which are the furthest removed from urban centres, and that they are refunded any unforeseen expenses, and any transport costs. Furthermore, the Committee again asks the Government to provide information on the application in practice of the right of labour inspectors to enter workplaces liable to inspection freely, without prior authorization (Article 12(1)(a)).

Article 12(1)(c) and 15(c). Principle of confidentiality regarding the source of complaints. With reference to the comments that the Committee has been making for several years on the adoption of measures to establish a legal basis to ensure that labour inspectors respect the principle of the confidentiality of complaints so as to protect workers from any reprisals from the employer or his representative, the Government indicates that the Ministry of Labour issued an internal memorandum reminding officials of the obligation to keep complaints confidential in so far as the workers so request. Highlighting, once again, the importance of the principle of confidentiality regarding the source of complaints, prescribed by Article 15(c) of the Convention, the Committee emphasizes that labour inspectors must as a rule respect this principle, as provided in this provision of the Convention, and must refrain from intimating to the employer or his representative that an inspection was made pursuant to a complaint. In this regard, the Committee invites the Government to refer to paragraphs 236 and 237 of its 2006 General Survey on labour inspection, as well as to paragraph 275 of the same survey which indicates that labour inspectors should conduct interviews in the manner they deem most appropriate. The Committee accordingly once again requests the Government to take appropriate measures to ensure, on a legal basis, the protection of workers against possible reprisals by employers and to ensure that fear of disclosure of their identity is not an obstacle to their cooperation with labour inspectors.

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

[The Government is requested to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Referring to its observation, the Committee draws in addition the Government’s attention to the following points.

Articles 3, 4 and 9 of the Convention. Structure and operation of the national system of inspectors in relation to occupational safety and health conditions. The Committee notes that section 32 of Act No. 1562 of 11 July 2012, which modifies the system of occupational risks, provides for the creation of the “national system of labour inspectors” under the direction and supervision of the Ministry of Labour. This system will comprise the labour inspectorates, labour inspectors, coordinating bodies for inspection, supervision and monitoring and inter-disciplinary support staff and will include the presence of various state bodies which undertake in situ inspections in enterprises. The same provision provides for the creation by the Ministry of the Special National Standing Committee on labour inspection relating to occupational risks, which will be tasked with prevention and promotion with regard to occupational risks and enforcement of standards relating to the prevention of occupational accidents and diseases and of occupational safety and health (OSH). If the Special Committee sees fit to do so, it may establish on a temporary or permanent basis regional subcommittees or appoint “delegated” inspectors to the territorial directorates for the same purposes. In the context of such committees, inspectors must conduct periodic visits to the various occupational risk insurers (ARL) and the enterprises affiliated to the system. These committees are also empowered to examine settlements established in the case of industrial accidents and occupational diseases. The Committee requests the Government to clarify the relationship between the “national system of labour inspectors” and the current inspection system and state whether the existing corps of labour inspectors will be incorporated in the system established by this Act.

The Committee also requests the Government to specify the criteria to be taken into account by the Special National Standing Committee on labour inspection relating to occupational risks in order to establish regional subcommittees or create “delegated” inspector posts of a permanent or temporary nature and also to clarify whether such posts have already been created and, if so, to provide details of their geographical distribution.

Article 13. Preventive function of labour inspection. The Government indicates that in conformity with section 91 of Decree No. 1295 of 1994, the territorial director may impose fines and order the suspension of activities for up to six months, wherever an imminent danger exists owing to failure to comply with instructions for the prevention of occupational risks specifically ordered by the Ministry’s technical directorate for occupational risks. The Committee requests the Government to clarify whether the power to take such action exists in cases where there is an imminent danger without the instructions or orders issued by the Ministry’s technical directorate for occupational risks having been disregarded, and to clarify the duty of labour inspectors in this context and in what manner they discharge it. The Committee also requests the Government to indicate the measures taken in both law and practice which empower labour inspectors to issue orders or have orders issued requiring alterations to the plant, assembly or working methods within a specific time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers.

Articles 5 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Government indicates that Act No. 1562 of 2012 also assigns to the Deputy Minister of Labour Relations the responsibility for formulating and coordinating mechanisms for the timely intervention of the Special Investigations Unit in the conduct of investigations into occupational risks with its own staff or with multi-disciplinary staff from other authorities or territorial directorates. It also declares that regulations to implement the abovementioned Act, which will make for improvements in the mechanisms for notification to the labour inspectorate of industrial accidents and cases of occupational disease, are in the process of being drawn up. It also indicates that the inspection services of government bodies such as the Health Supervisory Board, the Economic Solidarity Supervisory Board, the Colombian Institute of Family Welfare (ICBF) and the National Training Institute (SENA) cooperate with the Ministry of Labour. A joint circular was reportedly signed between the Economic Solidarity Supervisory Board and the former Ministry of Social Protection in 2009 in order to determine the respective powers of each body in this context. Furthermore, an inter-institutional agreement has reportedly been signed with the Colombian Institute of Geology and Mining (INGEOMINAS), the “Positiva” Occupational Risk Insurer (ARP) and SENA with a view to coordinating activities undertaken by these bodies in the mining sector. The Committee requests the Government to provide information on the measures taken with a view to improving the mechanism for the notification of industrial accidents and cases of occupational disease to the labour inspection services, including copies of any legislative texts adopted or promulgated to this end. It also requests the Government to provide detailed information on procedures for cooperation between the labour inspection services and the other signatories to the abovementioned inter-institutional agreement in relation to the mining sector, on the activities undertaken in this context and on the practical effects of this cooperation.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments from: the National Employers’ Association of Colombia (ANDI), dated 31 August 2011 and 5 September 2012, supported by the International Organisation of Employers (IOE); the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), dated 30 August 2011 and 31 August 2012; the General Confederation of Labour (CGT), dated 1 September 2011; and the Government’s reply to the observations from the trade union organizations. It also notes the conclusions of the report of the ILO high-level tripartite mission to the country from 14 to 18 February 2011, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Technical cooperation project on international labour standards

The Committee notes with interest the launching, in August 2012, of the project to promote compliance with international labour standards in Colombia, financed by the Government of the United States. The objectives of the project are: (1) to strengthen the institutional capacity of the Ministry of Labour, and particularly of the labour inspection services; (2) to strengthen existing social dialogue bodies and the social partners who participate in them; and (3) to strengthen the institutional capacity of the Government of Colombia to improve measures for the protection of trade union leaders, members, activists and organizers and to combat the impunity of perpetrators of acts of violence against them. The Committee also notes that the project envisages providing the necessary technical assistance as a priority to the units of the new Ministry of Labour responsible for combating the abuse of employment mediation (agencies) and other forms of contracting which are in violation of workers’ rights (such as associated work cooperatives, simplified limited liability companies and temporary service enterprises) and to guarantee that collective accords are not used to undermine the position of trade unions or to prevent the conclusion of collective agreements. The Committee requests the Government to provide information on the implementation of the project and its impact on strengthening the labour inspection services.

Articles 2, 4 and 10 of the Convention. Coordination of the inspection system and numbers of inspectors. The Committee notes that Act No. 1444 of 4 May 2011 re-established the Ministry of Labour through a restructuring of the Ministry of Social Protection and that Decree No. 4108 of 2 November 2011 determined the objectives, functions and structure of the Ministry of Labour, including with regard to labour inspection.

The Committee notes that the CUT and CTC welcome the creation of the Ministry of Labour but consider that the labour inspectorates of the departmental territorial directorates are uncoordinated in their action and that there is no labour inspection in rural localities, especially those where there are mining operations. The CUT, CTC and CGT continue to deplore the inadequate numbers of labour inspectors, despite the labour agreement concluded in 2011 with a view to updating the tripartite agreement signed in 2006, which contains the recommendations of the high-level mission including with regard to the importance and urgency of strengthening the labour inspectorate by increasing the number of inspectors. The CTC declares that although the total number of labour inspectors increased by 100, resulting in a new total of 524, the new inspectors have not yet taken up their duties. The CGT considers that assigning 100 out of the 480 extra labour inspectors at the Government’s disposal in 2014 to supervise and monitor the sectors of horticulture, palm oil production, sugar production, dock work and mining is insufficient for these five sectors, where the greatest number of violations of workers’ rights occur. According to the information from the CGT, there are 15,000 miners who, according to a recent report from the Ombudsman’s Office, earn a living from some 3,600 illegal mines and many workers are subcontracted or outsourced in the major coal mining and petroleum companies. The CUT and CTC also allege that the country only has 16 safety inspectors for a total of 3,000 active mines and, according to the latter, the lack of inspection is visible in the increase in child labour, which is now said to involve 1,465,000 children in the country.

The ANDI, for its part, considers that the measures adopted by the Government and Congress (including the creation of new labour inspector posts and the implementation of the inspection plan for the key sectors) are proof of the country’s commitment to observing the labour rights established by Convention No. 81. Of these measures, it highlights the budget allocations by the Government to recruit 480 new labour inspectors over a four-year period.

The Government in turn indicates that 100 new labour and social security inspector posts were created through Decree No. 1228 of 15 April 2011 and another 100 through Decree No. 1732 of 16 August 2012, thereby increasing the total number of inspectors, which stood at 424 in 2010, to 624 at the end of August 2012. Of this total, 451 had commenced their duties by the end of July 2012. It also indicates in its reports on the present Convention and Convention No. 129 that, by means of the restructuring, labour inspection services were created in the municipalities of Puerto Gaitán (Meta) and Orito (Putumayo) in addition to those that had already been set up in the municipalities of El Bagre (Antioquia) and Jagua de Ibirico (César). The Committee also notes with interest that, in this context, an analysis of the structure, human resources, and location of all the territorial directorates, with regard to their central offices and to the labour inspectorates, was under way at the end of August 2012. The Committee requests the Government to provide information on the results of this analysis and its recommendations, and on any follow-up measures taken or contemplated and on any other measures taken with a view to extending or strengthening the coverage of the labour inspection system, particularly in remote rural localities.

The Committee also requests the Government to supply information on the manner in which the central labour inspection authority ensures effective coordination among the inspection services of the various territorial directorates and to send the updated organizational chart of the labour inspectorate and its structure at central, regional and municipal levels. Lastly, the Committee requests the Government to state the number of inspectors currently in active service and their geographical distribution in relation to the number and location of workplaces liable to inspection and the number of workers employed therein.

Articles 3(1)(b) and 17. Implementation of a preventive approach to labour inspection. The CUT and CTC state that the “preventive inspection system” established by Decrees Nos 1293 and 1294 of 2009 and Decision No. 2605/09 has in practice turned into tolerance of violations of workers’ rights.

According to the ANDI, the purpose of the “preventive inspection system” is to strengthen the monitoring function within enterprises. The lines of action of this system are to: raise awareness of and commitment towards the development of a culture of compliance; provide information on risks, disputes and non-compliance with labour obligations; streamline procedures; establish technologies and communications; ensure the participation of public and private enterprises and institutions; and reinforce the staff of the Ministry of Labour, with the focus on catering for users. The ANDI considers that the implementation of this system has promoted improvements in labour inspection in the country and has enabled the creation of forums for dialogue among the social partners and with the Ministry, the abolition of unnecessary procedures, the strengthening of the human resources of the Ministry and their qualifications, and producing changes in user behaviour.

According to the Government, this inspection model was presented to the Commission on Labour and Wage Policies, of which the CUT, CGT and CTC form a part. “Preventive inspections” were initially conducted in the formal sector and are not subject to authorization by the employer. Since the initial goal is the prevention and improvements to working conditions without having recourse to the imposition of penalties, communication is established with the enterprise to announce the presence of the inspector and explain his reasons for being there. “Improvement agreements” are concluded between the employer and the workers and in the event of non-compliance the inspector initiates a “reactive inspection” with a view to imposing penalties. Checks are carried out on the plant at the enterprise and, if documentation is involved, the employer may be requested to bring it to the inspection offices. Should the inspector detect infringements in the course of these checks, the relevant investigation must be conducted and the applicable penalties imposed.

The Committee reminds the Government, in the terms of the 2006 General Survey on labour inspection, paragraphs 279 and 282, that the advice and information provided for in Article 3(1)(b) of the Convention can only encourage compliance with legal provisions but should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. The functions of enforcement and advice are inseparable in practice. This discretion provided for in Article 17(2) implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill-will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning.

The Committee requests the Government to explain how, as far as “preventive inspections” are concerned, Article 17(2) is applied, under which it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings.

The Committee also requests the Government to supply information and data for the period covered by the next report concerning the criteria for the planning of different types of inspections, the proportion of “preventive inspections” in relation to inspections of a general and “reactive” nature, the observations made by inspectors in the context of “preventive inspections”, the period and manner in which inspectors check the implementation of “improvement agreements” and what action they take if the results are unsatisfactory. The Committee also requests the Government to provide information on any preventive measures which labour inspectors order or ensure are ordered, including immediately enforceable measures (Article 13(b)), when they identify defects in plant, equipment or working methods which may represent a danger to the health or safety of workers.

Lastly, the Committee requests the Government to state whether it has adopted measures to evaluate, with the participation of the social partners, the impact of the “preventive inspection system” on the effective application of the legislation relating to conditions of work and the protection of workers.

Article 3(1)(c). Associated work cooperatives and pre-cooperatives. In the comments which it had been addressing to the Government since 2008, the Committee has urged the Government to take steps to give effect in the context of associated work cooperatives to this provision of the Convention, which requires the labour inspection system to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee notes that although the CTC recognizes that the Government has adopted a number of important measures such as legislation to monitor the job placement role performed by associated work cooperatives, it considers that these measures have not succeeded in putting a stop to informal or precarious employment or to anti-union practices. The Government indicates that on several occasions it has expressed its concern regarding the distortion of the role of associated work cooperatives and that many aspects of the situation have been rectified through legal instruments which have established regulations for associated labour, stating its nature and fixing the rules for its structure and operation, and have also established an inspection programme targeting the sector.

The Committee previously welcomed the provisions of Act No. 1233 of 2008, which prevented associated work cooperatives from acting as a means of evading the application of labour legislation, including with regard to trade union rights. The Committee points out that section 63 of Act No. 1429 of 29 December 2010 again permits associated work cooperatives to act as intermediary enterprises for the recruitment of staff for activities not considered to be “permanent assignments”. However, the Committee observes with interest that section 1 of Decree No. 2021 of 8 June 2011, which partially implements Act No. 1233 of 2008 and section 63 of the abovementioned Act No. 1429, stipulates that the placement of labour is a function that belongs to temporary employment agencies and is not permitted for associated work cooperatives. Under the same provision, “permanent assignment” means an activity or function directly related to the production of goods or the provision of services which are characteristic of the enterprise. The Committee notes that sections 4 and 9 of the abovementioned Decree establish penalties for violations of this legislation, consisting of fines and/or dissolution and liquidation of the cooperative. Section 10 of the same Decree provides for a reduction of the penalty in cases when a subcontracted worker is entrusted with prohibited permanent operations or assignments if an indefinite employment relationship is formalized by means of a written contract.

The Committee also notes with interest the information highlighted by the ANDI concerning the setting up for public use of an anonymous complaints system regarding violations of labour rights, the implementation of an exclusive telephone helpline for dealing with complaints relating to associated work cooperatives, the creation of a link to the Ministry’s website for making complaints or suggestions, and the preparation of a handbook for the conduct of inspections in relation to the placement of labour.

The Committee further notes that the 2011 programme for prevention, supervision and monitoring in relation to associated work cooperatives and associated work pre-cooperatives, which contains guidelines to be followed by the territorial directorates of the Ministry to prevent misuse of associated work cooperatives, includes: (i) exchange of information between the territorial directorates and the relevant bodies; (ii) training for labour inspectors; (iii) training actions targeting associated work cooperatives; (iv) improvement agreements; and (v) monitoring in its own right, giving priority to entities accounting for the largest number of complaints and investigations, those which have been penalized, those that have associated workers who provide services in high-risk sectors, and those which have contracts in the mining, horticulture, health-care and sugar cane harvesting sectors.

The Committee also notes with interest that the Government has assigned 100 labour inspectors exclusively to monitoring the improper use of associated work cooperatives for the purpose of flouting workers’ rights, and also the statistical information regarding penalties imposed on them in 2010 and the first four months of 2011 and the schedule of inspections that were due in associated work cooperatives in 2011. The Committee requests the Government to provide information on: (i) inspections conducted in associated work cooperatives (indicating their respective sectors and regions), infringements recorded (indicating the relevant legal provisions) and penalties imposed (fines, suspension and/or withdrawal of recognized legal status); (ii) the reduced penalties laid down under section 10 of the abovementioned Decree No. 2021 of 2011; (iii) any measures taken or contemplated to ensure that labour inspectors inspect both registered and non-registered associated work cooperatives premises and exercise all their powers, not just those of checking documents, as previously called for by the CUT and CTC; and (iv) the number of “improvement agreements” concluded under the programme for supervision and monitoring of associated work cooperatives and their impact on the objectives of the Convention.

Article 3(2). Removal of labour inspectors’ additional duties to ensure the effective discharge of their primary duties. As regards additional duties in labour inspection, the CGT alleges that labour inspectors continue to perform many duties, including conciliation, which undermines their impartiality and also reduces the time that they can devote to the discharge of their primary duties. Although the CUT recognizes that labour inspectors were relieved of certain tasks, it considers that they have still have an excessive workload, since new tasks have been added, others were merged and the conciliation role persists, and this prevents them from conducting in situ inspections.

The ANDI refers in this respect to the removal of tasks from the inspectors’ workload relating to: the approval of internal work regulations; monetary compensation for holidays; the authorization of loans, advances, various deductions or compensation for wages and those related to the registration of retirees, by means of Act No. 1429 of 2010.

The Committee notes with interest the Government’s indications that Act No. 1429 of 2010 abolished 13 tasks that previously had to be performed by labour inspectors and Decision No. 1286 of 20 April 2011 relieved inspectors of the task of processing authorizations for severance payments and for the registration of retirees. The Government states that, under the terms of the abovementioned Decision No. 2605/09, the role of conciliation between the parties was assigned to a specific group of inspectors and inspection and monitoring were assigned to another group.

The Committee recalls that the issue of relieving the labour inspectorate of tasks not provided for in Article 3(1) of the Convention and in particular those performed in the context of dispute resolution has been the subject of comments since 2000. The Committee requests the Government to send a copy of Decision No. 2605/09 and to state how it is applied in practice with regard to the distribution of conciliation and inspection tasks for labour inspectors, at the central office and in territorial and municipal offices. It also requests the Government to provide information on the number of inspectors who perform conciliation duties and whether they are included in budget allocations for the labour inspectorate.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspection services and the judicial authorities. Adequate penalties and effective enforcement. The Committee notes that the high-level mission emphasized in its conclusions the crucial nature of strengthening enforcement of the legislation and of effective penalties with a view to ensuring that acts of anti-union discrimination, including dismissal and intimidation, can be prevented, remedied and penalized by means of rapid, accessible and effective procedures.

The Committee notes that the Government does not provide the information which it requested on the role of labour inspectors in legal proceedings against employers who infringe the labour legislation, including in associated work cooperatives (Article 17), and on the level of penalties so that they have a deterrent effect (Article 18). It draws the Government’s attention to paragraphs 291–306 of the 2006 General Survey on labour inspection and emphasizes that it is essential for the credibility and effectiveness of the labour inspection system for violations to be identified by national legislation and for the proceedings instituted or recommended by labour inspectors against employers guilty of violations to be sufficiently dissuasive and to make employers in general aware of the risks they run if they fail to meet their obligations. The Committee requests the Government to send information on the measures taken to ensure the deterrent effect of penalties for violations of the legal provisions – including those relating to anti-union discrimination (dismissal and intimidation) – which are enforced by labour inspectors, and for obstruction of the latter in the performance of their duties, and to ensure that the aforementioned penalties are effectively enforced. The Committee also requests the Government to send statistics of infringements detected by labour inspectors indicating the legal provisions concerned, the penalties imposed and, if applicable, the judicial action taken.

The Committee further requests the Government to indicate all the measures taken or contemplated to promote effective cooperation between the labour inspection services and the justice system, with a view to encouraging due diligence and thoroughness in the treatment by judicial bodies of infringements reported to them by the labour inspectorate, and also disputes in the same sphere referred to them directly by workers or their organizations. In this regard the Committee considers that a system for the registration of judicial decisions to which the labour inspectorate has access will enable the central authority to make good use of such data with respect to its objectives and include them in its annual report, as provided for in Article 21(e). The Committee requests the Government to send information on the measures taken or contemplated with regard to establishing a register of judicial decisions accessible to the labour inspectorate.

Articles 6 and 15(a). Status, conditions of service and independence of labour inspectors. The Committee notes with interest that under Decree No. 1227 of 15 April 2012 the pay conditions of labour inspectors were improved, since there was a harmonization of grades which resulted in a pay increase of three steps. However, the Committee also notes that the CUT and CTC allege that more inspectors with temporary status are being appointed and the CGT claims that a large number of inspectors do not have any job security, which is contrary to the terms of the Convention and constitutes an obstacle to the effectiveness of labour inspection. According to the ANDI, labour inspector posts belong to the administrative career category and so selection and promotion of employees is undertaken on the basis of suitability, ability and merit. Moreover, in accordance with Decision No. 2180 of 2008, inspectors come from diverse professional backgrounds: lawyers, engineers, economists, etc. The ANDI adds that the harmonization of grades for inspectors carried out in 2011 has also resulted in an increase in salary.

The Government reiterates that labour inspector posts are administrative career posts. When new posts are created or vacant posts are filled, appointments are made on a provisional basis while the National Civil Service Commission holds the relevant competition.

The Committee requests the Government to indicate: (i) the current number of inspectors appointed on a provisional basis, compared with the number of inspectors who belong to the administrative career category; (ii) the duration of temporary appointments; (iii) the tasks assigned to temporary inspectors; (iv) the powers assigned to them; and (v) in what manner it is ensured that they are independent of changes of government and of improper external influences, as prescribed by Article 6 of the Convention.

Article 7(3). 1. Training of labour inspectors. As regards the allegations from the CUT and CTC that inspectors lack adequate and proper training and their competencies are not evaluated in the course of their duties, the Committee observes with interest that Decision No. 2180 of 2008 stipulates that one of the requirements for the post of labour inspector is to hold professional qualifications in law, medicine, industrial engineering, business administration or economics. As regards the recommendations of the high-level mission referred to above, concerning the implementation of an induction and training programme for labour inspectors, the Committee also notes with interest the information supplied by the Government to the effect that a specific training programme for labour inspectors has been implemented and it is planned to give them training en masse regarding analysis of labour hazards, the law of evidence and the updating of standards. The Committee requests the Government to provide detailed information on the specific programme implemented for the training of labour inspectors, stating: (i) its duration, with regard to both initial and further training; (ii) the number of inspectors who will benefit from this programme; (iii) the subjects covered, differentiating between initial and further training; and (iv) the training body. The Committee requests the Government to indicate the measures planned or adopted with a view to ensuring the durability of both initial and further training for labour inspectors. The Committee also requests the Government to provide information on the manner in which labour inspectors are evaluated in the course of their duties.

2. Training in the area of freedom of association. The Committee observes that during the ILO high-level mission to the country from 14 to 18 February 2011, in the context of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), various trade union representatives highlighted the inadequacy or complete absence of replies from the labour inspectorate in relation to certain cases relating to freedom of association and collective bargaining, including anti-union conduct from certain inspection officials. They also emphasized that any initiative designed to strengthen labour inspection should include a component relating to freedom of association and collective bargaining. The Committee requests the Government to indicate the measures taken or planned to ensure that programmes of initial and further training for labour inspectors include a specific module of awareness-raising and training with respect to freedom of association.

Articles 11, 12 and 15(a). Material means placed at the disposal of the labour inspectorate, and principles of freedom of entry and independence on the part of inspectors. The Committee notes with interest the information provided by the Government regarding adjustments to posts in 28 territorial directorates in 2009 and 2010, with investment in the form of 230 computers, printers, communication networks and Internet access. It also notes the documents cited by the Government containing statistical information on budget implementation by the territorial directorates of the Ministry, including budget items for transport costs and expense allowances.

With regard to means of transport, the Committee notes the CGT’s statement that the cost of many inspections is borne by the trade unions or the employer. The CUT and CTC also emphasize the lack of material resources for travel, especially in rural areas. According to the CUT, Bill No. 139 which is before the Congress of the Republic leaves the possibility open for inspectors to receive assistance from employers with regard to their travel to remote areas, and this could undermine their impartiality.

The Committee recalls that in its comments in 2004 (92nd Session) and in paragraph 253 of the 2006 General Survey, it welcomed the fact that labour inspection staff in Colombia were forbidden, via a circular from the Ministry of Labour and Social Security, to use for professional purposes vehicles made available to them directly or indirectly by employers, trade unions or workers. It also recalls that, in accordance with paragraph 225 of the 2006 General Survey, the prohibition on labour inspectors having any interest whatsoever in the enterprises under their supervision applies to considerations or services offered by employers or workers.

In its previous comments the Committee stressed the fact that the travel expenses of labour inspectors are only reimbursed up to an amount of 4,000 Colombia pesos (COP) and so higher costs have to be borne by labour inspectors themselves, and it referred to the claim by the CUT and CTC that, in practice, travel expenses are not reimbursed when inspections are carried out without prior authorization from the director of the territorial directorate, which can take up to one week or more despite the urgent nature of certain situations. In their latest comments the CUT and CTC add that unforeseen expenses are not repaid either. With reference to paragraphs 265–266 of the 2006 General Survey, the Committee recalls the principle of inspectors’ freedom to enter workplaces laid down by Article 12 of the Convention, which implies that certain obstacles to or restrictions on inspectors’ free initiative, including prior authorization, may be contrary to the Convention.

The Committee requests the Government to take the necessary steps to provide labour inspectors with adequate transport facilities for the performance of their duties, both in the central office at the Ministry and in the various territorial directorates and the labour inspectorates furthest removed from urban centres, and to reimburse labour inspectors for any unforeseen costs and any travel expenses necessary for the performance of their duties. The Committee requests the Government to keep the ILO informed of any progress made in this regard. The Committee also requests the Government once again to provide information on the application in practice of labour inspectors’ right to enter freely, without prior authorization, workplaces liable to inspection (Article 12(1)(a)).

Article 15(c). Principle of confidentiality regarding the source of complaints. For a number of years the Committee has been urging the Government to take steps to establish the necessary legal basis to ensure that labour inspectors respect the confidentiality of complaints so as to protect workers from any reprisals from the employer or his representative. The Government indicates that it has been the usual practice of the Ministry to keep a record of the name of the complainant when the information is obtained verbally. It adds, however, that the Ministry will issue an administrative notice giving instructions regarding the discretion to be maintained by labour inspectors in accordance with this provision of the Convention and that the text of the draft notice will be forwarded to the Office. The Committee requests the Government to ensure that the necessary measures are taken without further delay to secure to workers the protection prescribed by this provision of the Convention and requests it to send a copy of any relevant legislative text which is adopted.

Articles 20 and 21. Annual report on the work of the inspection services. The Government indicates that through the Under-Ministry of Labour Relations, the Ministry of Labour issues a monthly bulletin containing information on inspection activities. The Government also declares that it will have available a computerized system for the registration and analysis of data on labour inspection, enabling access to and use of such information, which will consolidate and update all existing databases on labour inspection and be accessible to the user. The Committee notes with interest the statistical information sent by the Government on inspections carried out in 2010, 2011 and the first half of 2012, administrative investigations launched and penalties imposed during the same periods, and industrial accidents and cases of occupational disease that occurred in 2009, 2010, 2011 and the first half of 2012. The Committee draws the Government’s attention to the guidance contained in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), concerning the form in which the information required by Article 21 may be presented. However, observing that no statistics have been provided of workplaces liable to inspection or the number of workers employed therein (Article 21(c)), the Committee reminds the Government that these data are essential to enable the central inspection authority to evaluate the rate of coverage provided by the labour inspection system and its needs in terms of human and material resources and to take account of these when approving the budget. The Committee invites the Government to refer to its general observation of 2009 with regard to the desirability of inter-institutional cooperation in relation to the establishment, improvement or updating of a register of workplaces liable to inspection. The Committee hopes that the Government will send in the near future an annual inspection report which meets the requirements of form and substance prescribed in Articles 20 and 21 of the Convention.

Article 22 et seq. Part II of the Convention. Labour inspection in commercial workplaces. The Committee requests the Government to send any information relating to examination, in consultation with the employers and workers, of a possible extension of the ratification of the Convention to commercial workplaces.

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

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report and the various documents attached or subsequently sent to the ILO. The Committee further notes the joint comments on the application of the Convention by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), transmitted to the Government on 6 September 2010, reiterating partly their previous comments and those previously made by other trade unions.

Adoption of a new approach to labour inspection and implementation of corresponding measures. The Government refers in its report to the implementation of a number of measures taken or envisaged in the framework of the USAID–Midas (More Investment for Alternative Sustainable Development) programme to establish a comprehensive and coherent approach of labour inspection (Sistema Integral de Inspeccion de Trabajo (SIIT)). These measures include: (i) the increase of preventive visits promoting so-called improvement agreements; (ii) the consolidation of data through the establishment of Excel registers at district level and the implementation and design of an information system on national level through financial and technical cooperation with the Canadian Government; (iii) the risk assessment to identify high-risk areas based on these databases at the national and local levels; (iv) the organizational restructuring of the Ministry for Social Protection (MPS), including the establishments of two new municipal labour inspection offices (El Bagre and Jagua de Ibirico) in the directorates of Antioquia and Cesar; (v) the appropriate adaptations within the structures of the labour inspectorates (including the establishment of new working groups), the reassignment of functions of labour inspectors; (vi) the strengthening of the number of labour inspection and technical staff and their geographical distribution; (vii) the provision of additional office space; (viii) the purchase of additional technical equipment (computers, etc.);
(ix) the envisaged involvement of representatives of different sectors and public and private institutions; as well as (x) the simplification of administrative procedures and the improvement of the academic profile of labour inspectors with a view to improving the effectiveness of service. The Committee notes that the Government refers to a national inspection plan focusing on the health-care sector. It also notes the increased inspections in associated work cooperatives (CTAs) and the information that the risk-assessment in the framework of the SIIT should allow inspections to be focused on high-risk sectors.

For their part, as concerns the implementation of the recently adopted measures, the CUT and CTC deplore the absence of appropriate consultations with trade unions. In relation to the new preventive approach, they observe that: (i) an increasing number of inspectors are appointed on a provisional basis, have no career prospects, are not provided with adequate and regular training and their competences are not evaluated in the course of service; (ii) labour inspectors are entrusted with a multiplicity of additional tasks; (iii) the labour inspection staff is insufficient (despite recent recruitments) in view of the number of workplaces liable to inspection; (iv) the number of inspections is low, especially in high-risk sectors, such as coal mines; (v) complaint procedures are slow; (vi) the collaboration of technical experts in occupational safety and health is not adequate; (vii) the resources allocated to the labour inspectorate, office equipment and transport facilities are scarce and the reimbursement of travel costs is inadequate and lengthy; (viii) cooperation between labour inspection services and other governmental services or public or private institutions does not operate in practice, particularly between labour inspectors and employers and workers and between the labour inspectorate and the judicial authorities; (ix) labour inspectors are not empowered to initiate judicial, or in particular penal procedures in case of violations of labour rights; (x) the labour inspectorate is informed only of cases of grave or mortal accidents; and (xi) the annual report merely contains information on the number of inspection visits and sanctions imposed. Further, according to the trade unions, the mandate of the labour inspectorate should be extended to cover commercial establishments (particularly as the number of informal workplaces in this sector has increased), and the exclusion of Part II of the Convention (commercial establishments) from its ratification should be lifted accordingly.

Article 3(1)(b). Implementation of a preventive approach to labour inspection. The Committee notes that the SIIT particularly recommends the adoption of a preventive approach to labour inspection based on risk assessment in order to identify high-risk sectors and aimed at promoting so-called “improvement agreements” between employers and workers on the occasion of preventive inspections. The Committee notes the information on the number of preventive inspections and of improvement agreements concluded in 2008 and 2009, as well as the organization of various information sessions, the publication and distribution of information material and press coverage. The Committee notes, however, that no information is provided by the Government on the measures taken or envisaged to strengthen the mechanism for notification to the labour inspectorate of industrial accidents and cases of occupational disease with a view to achieving the objectives of the preventive approach. According to the CUT and CTC, preventive inspection visits: (i) are only carried out in the formal sector; (ii) are subject to previous authorization by employers which in most cases is not granted; (iii) in the case of the detection of violations of labour law, labour inspectors are not able to impose sanctions or initiate investigations; (iv) a written commitment by an employer to remedy defects is non-binding; and (v) remedial activities of employers are merely followed-up by telephone due to the heavy workload of labour inspectors (although in theory follow-up visits have to be carried out after six months).

Articles 3(2), 10 and 16. Multiplicity of tasks entrusted to labour inspectors. Human resources in relation to the workplaces liable to inspection. The Committee notes the restructuring of the Ministry for Social Protection (MPS) and the reassignment of functions entrusted to labour inspectors in the General Labour Inspection Directorate (GLID) and its local offices by Decree No. 1293 (amending Decree No. 205 of 2003), as well as the corresponding assignment of functions by resolution No. 2605 of 2009 to the newly created working groups in the GLID and in its local offices. The Committee notes that, under the terms of the above provisions, labour inspectors are still entrusted with too many additional tasks, including conciliation of individual and collective labour disputes. According to the CUT and CTC: (i) Decree No. 1293, which enumerates the functions of the labour inspectorate at the national and local levels, and entrusts further new functions to labour inspectors; (ii) resolution No. 2605 of 2009 confines itself to redistributing functions; and (iii) in practice, labour inspectors are also required, in addition to the heavy workload imposed by law, to assume secretarial tasks due to the lack of clerical staff. The Committee requests the Government to refer to paragraph 69 of its 2006 General Survey on labour inspection in this regard and emphasizes once again that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. With reference to the conciliation of labour disputes, the Committee also requests the Government to refer to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), in accordance with which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes.

Articles 5(a) and (b) and 17. Cooperation with government services and the judicial authorities and collaboration with employers and workers. The CUT and CTC continue to deplore the lack of cooperation between labour inspectors and other government services and the lack of collaboration with employers and workers. With regard to cooperation with other government services, they point out that no cooperation exists between the Superintendence of Economic Solidarity and the National Directorate for the Prevention of Accidents despite a relevant cooperation agreement. The Committee notes in this regard the brief indication by the Government that cooperation with representatives of different sectors and public and private institutions is envisaged under the SIIT.

With regard to collaboration with employers, workers and their respective organizations, the Government refers to the conclusion of 219 improvement agreements in 2008 and 238 in 2009 between employers and workers during preventive inspections in different sectors.

The trade unions call for the involvement of the most representative unions in the design, implementation and evaluation of the system of preventive inspections, collaboration with judicial authorities and the establishment of a register of judicial decisions, as well as the conclusion of cooperation agreements between the various government services.

Article 11. Material working conditions and transport facilities necessary for labour inspectors. The CTC and CUT continue to deplore a lack of material resources allocated to the labour inspectorates and the lack of necessary equipment, such as computers, Internet access, filing cabinets, equipment for technical investigations and adequate transport facilities. In this regard, the trade unions point out that travel expenses of labour inspectors are only reimbursed up to an amount of 4,000 pesos, that the procedure of reimbursement is very slow and that higher or unexpected costs have to be borne by labour inspectors themselves. In addition, the unions allege that in practice, travel expenses are not reimbursed when inspections are carried out without prior notice and the authorization of the director of the local directorate, which can take up to one week or more despite the emergency of certain situations.

Associated work cooperatives (CTAs). The Committee noted in its previous comment that both trade unions and the Government had reported the existence of fraudulent strategies in CTAs to circumvent the obligations arising out of a salaried employment relationship. In this regard, the Committee notes with interest that Act No. 1233 of 2008 establishes the obligation of associated work cooperatives and pre-cooperatives to make contributions to the Colombian Institute for Family Welfare (ICBF), the National Apprenticeship Service (SENA) and family benefit funds. It further notes with interest that this Act explicitly prohibits such cooperatives and pre-cooperatives from acting as employment mediation enterprises or from providing temporary labour, and provides in the case of violation for the withdrawal of the legal personality of the CTA. The Government mentions in addition the intensification of inspections in cooperatives (1,632 inspections and 1,022 investigations in 2009) to control the evasion of social security contributions, the exercise of their approved activity and to detect cooperatives acting as employment mediation enterprises or providing temporary labour, contrary to the law. However, according to the CUT and CTC, inspections in CTAs are not effective, for inspections are only carried out at the registered offices of the CTA, merely resulting in the control of documents, while for the control of the prohibition of employment mediation, inspectors would also have to control other workplaces. The Committee finally notes that the trade unions request information on the violations of legal provisions that have led to the imposition of fines or the withdrawal of the legal personalities of CTAs.

The Committee asks the Government to submit any comments it deems relevant in response to the observations made by the CUT and CTC and to provide information on the progress made through the implementation of the programme to establish a comprehensive and coherent approach of labour inspection (Sistema Integral de Inspeccion de Trabajo (SIIT)) in the establishment and operation of a labour inspection system consistent with the principles laid down in the Convention, and the guidance provided in the accompanying Recommendation No. 81.

It requests the Government to provide information in particular on the measures adopted to secure effective cooperation between the labour inspection services and the other public or private institutions and bodies engaged in similar work, including judicial bodies (Article 5(a)); the measures for effective collaboration between labour inspectors and employers and workers
(Article 5(b) and Part II of Recommendation No. 81); the status of the current labour inspection staff and their conditions of service (Article 6); the strengthening of initial training and subsequent training during employment for inspectors, including on risk assessment (Article 7(3)); the determination of the number of labour inspectors in relation to the number of workplaces liable to inspection, and the association of qualified technical experts and specialists (Articles 9 and 10); the reimbursement of inspectors’ professional travel expenses and the granting of advances for that purpose (conditions, amount, time required for reimbursement, etc.) (Article 11(1)(b) and (2)); the application in practice of the right of free entry, without previous authorization, to workplaces (Article 12(1)(a)); the application in practice of the power to make or have made orders requiring measures to remedy situations harming the safety and health of the workers (Article 13); the measures taken to improve the mechanism of notification to the labour inspectorate of industrial accidents and cases of occupational disease (Article 14); the available means for the performance of planned inspections and inspections made in consequence of the receipt of a complaint, with a view to covering as many workplaces as possible while taking into account priority sectors (Articles 11 and 16); the role of labour inspectors in legal proceedings against employers in breach of the labour law, including in CTAs (Article 17); the dissuasive nature of the sanctions applied (Article 18); and the reinforcement of the reporting obligation of labour inspectors and local inspection offices with a view to the publication by the central authority of an annual report (Article 19); and the issue of the eventual extension of the scope of labour inspection to commercial workplaces (Article 22 and Part II of the Convention).

In addition, noting that the Government did not reply to the requests under the following points, the Committee is bound to repeat the relevant comments which read as follows.

The Committee draws the Government’s attention to paragraph 133 of its General Survey of 2006 on labour inspection concerning the meaning and scope of Article 3, paragraph 1(c), of the Convention, which provides that labour inspectors shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. In the Committee’s view, the deterioration in the working conditions of a large number of workers, many of whom are women, would be ample reason for entrusting to inspectors the task of conducting an inquiry into the employment relationships that exist between those giving instructions or receiving goods and services produced by the CTAs and the workers of the CTAs. Any defects or abuse affecting these workers could thus be identified and improvements introduced in the legislation on conditions of work and the protection of workers in the performance of their work. The Committee hopes that labour inspectors will shortly be entrusted with such an investigation to enable the law to keep pace with new situations in the world of work such as the relationship in which CTAs are subordinate to the enterprises for which they produce goods and services outside any form of work contract. The Government is asked to provide information, together with copies of any texts giving effect to Article 3, paragraph 1(c), of the Convention.

The Committee also asks the Government to inform the ILO of its views on the unions’ proposals on this matter.

Principle of the confidentiality of the source of Article 15(c). Complaints. The Committee notes once again that the Government has not sent the information requested on the existence of a legal basis ensuring that labour inspectors comply with the principle of the confidentiality of the source of complaints. It once again urges the Government to take steps rapidly to supplement the legislation to ensure the confidentiality of complaints so as to protect workers from reprisals, to keep the ILO informed and to provide any relevant laws or bills.

Annual inspection report. Articles 20 and 21. The Committee once again draws the Government’s attention to the obligation on the central inspection authority to publish and communicate to the ILO, in accordance with Article 20 of the Convention, an annual report on the work of the inspection services containing the information required by clauses (a) to (g) of Article 21. The Committee firmly hopes that, with the international cooperation currently under way to reinforce the labour inspectorate, the Government will not fail to take the necessary steps to ensure that full effect is given to these Articles of the Convention. It would be grateful if the Government would in any event provide information on all developments in this area, including any problems encountered.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee refers the Government to its observation and draws its attention to the following points.

Article 2, paragraph 2, and Part II of the Convention. Scope of the Labour Inspectorate’s duties. Referring to the comment in its observation that, in the view of the trade union organizations, the labour inspectorate should also cover commercial establishments, the Committee is aware that by reason of the declaration appended to its ratification excluding Part II from its acceptance of the Convention, the Government is not bound by its provisions. It nonetheless reminds the Government that, pursuant to Article 25, paragraph 2, of the Convention, any Member which has made such a declaration may at any time cancel it by a subsequent declaration, and would be grateful if the Government would give its views on this matter.

Article 5(a). Cooperation with judicial bodies. In response to the Committee’s general observation of 2007 on the usefulness of effective cooperation between the labour inspection services and the justice system to the attainment of the objectives of inspection, the Government merely states that labour inspectors notify to the competent authorities the cases that have been submitted to them and for which they are not competent and that, where conciliation fails to settle a dispute, the parties are free to take the matter to the courts. The Committee observes that the procedure described above does not amount to cooperation and points out that what it implied more particularly in its general observation was that judicial bodies and inspectors should exchange information so as to raise awareness about each other’s roles, thereby prompting due diligence and thoroughness on the part of judicial bodies in their treatment of inspectors’ reports and any complaints about the same issues brought directly by workers or their organizations. The Committee also expressed the hope that a system for recording judicial decisions would be made available to the Labour Inspectorate to enable the central authority to make use of such data in pursuing its objectives and include them in its annual report as provided by clause (e) of Article 21. It therefore asks the Government to take measures to this end, to inform the ILO of them and to send any relevant documents.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report, the comments of 31 August 2007 by the Single Confederation of Workers of Colombia (CUT), which largely address the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Government’s replies sent to the Office under cover of a letter of 21 February 2008 in so far as they concern the application of the present Convention. The Committee also notes that on 28 January 2008 the CUT sent an evaluation report and proposals for implementation of a tripartite agreement “Labour rights and freedom of association in Colombia”, also signed by the General Confederation of Democratic Workers (CGTD), the Confederation of Workers of Colombia (CTC) and the Confederation of Pensioners of Colombia (CPC). It also notes the information supplied by the Government on 9 June 2008 responding thereto. Lastly, the Committee notes the comments of 19 August 2008 by the General Confederation of Labour (CGT) making the same points as those raised in the above evaluation report and sent by the ILO to the Government on 19 September 2008.

According to the unions that signed the above report, workers’ rights are violated not only by many employers in the private sector but also by a lot of state enterprises, particularly as regards the obligation to provide social security coverage for their workers. The unions consider that measures such as the merger of the Ministry of Labour with another ministry that also deals with health, and the heavy workload imposed on labour inspectors, already too few in number, have weakened the labour administration and prevented inspectors from carrying out their main duties including the inspection of workplaces, providing employers and workers with technical information and advice or the indication to the competent authorities of shortcomings in the legislation respecting conditions of work and the protection of workers. This situation also makes complaint procedures slow and favours continual and repeated violations by employers of the relevant laws and regulations. The unions assert that breaches of the legislation are particularly numerous in commercial establishments and would like to see such workplaces covered by the inspectorate’s mandate pertaining to the application of the Convention.

The unions also object to the widespread practice of concluding employment contracts with associated work cooperatives (CTAs), which they see as a fraudulent strategy devised by enterprises to circumvent the obligations arising from a salaried employment relationship. The advantage – including for the State – of such cooperatives is that, like certain service contracts, in the form of civil or commercial contracts, is that they afford a source of cheap labour and entail none of the costs or obligations for the employer related to a salaried employment contract. In particular, they involve none of the obligations related to exercise of the right to organize, such as the requirement of collective bargaining or the exercise of the right to strike. Presented by the legislation as a free and voluntary form of association, such cooperatives are in fact a solution imposed by former employees who have been dismissed as a means of enabling them to continue receiving an income. The report cites specific instances of CTAs and outsourcing in various sectors, including the textile and garment industry, which account for a substantial proportion of the country’s exports and where the workforce consists largely of women, mainly in Bogotá and the metropolitan sector of the Department of Antioquia. Women set up small family businesses, which subcontract to large maquilas and produce items for export in micro-workshops or their own homes in extremely precarious conditions (no minimum wage, social security or statutory hours of work, and therefore no paid overtime).

The unions’ claims are: (i) that the Ministry of Labour be re-established and the labour inspectorate reinforced; (ii) that the mechanisms to monitor circumvention of social security contributions be reinforced and workers’ health insurance coverage be promoted; (iii) that the exclusion from ratification of Part II of the Convention (commercial establishments) be lifted; (iv) that the new model of labour inspection developed with support from USAID–Colombia be adopted in consultation with the union confederations; (v) that the Government ensure that the necessary legislative measures be taken to ensure that no state enterprise may have recourse to CTAs for labour relations; (vi) that a bill establishing a legal framework for the operation of cooperatives based on the guidelines in the Promotion of Cooperatives Recommendation, 2002 (No. 193), be discussed with the social partners; (vii) that labour legislation safeguarding rights and consistent with the Conventions of the ILO be drawn up in consultation with the social partners; and (viii) that the work contract be reinstated as the basis of the employment relationship to put an end to the intermediary role played by associated work cooperatives and other labour practices which exclude any employment relationship.

The CUT observes that, although article 125 of the National Constitution and Act No. 909 of 2004 specify that labour inspectors are public servants whose posts must be filled by competition and are members of the civil service, most inspectors currently in service were appointed on a provisional basis because no competition was organized. Indeed, in a direct request addressed to the Government in 2001, the Committee noted that for financial reasons, the recruitment of public employees had been frozen and that to make up for the lack of labour inspectors the Government had had to use the services of contract staff to carry out inspectors’ duties. The Committee accordingly asked the Government to inform the Office of any developments in the situation, particularly regarding the status and number of serving inspectors, and the status and number of the contract staff performing inspectors’ duties. The Government saw no reason to do so despite repeated requests from the Committee.

In its comments of 2007, the CUT also objected to the difficult conditions of work of labour inspectors, and particularly the lack of office equipment, both in the capital and in the main cities, and the widespread lack of transport facilities for professional travel.

According to information supplied by the Government in its report and provided on the web site of the Ministry of Social Protection, a number of measures should contribute to strengthening the labour inspection system with the implementation of the USAID–Midas (More Investment for Alternative Sustainable Development) programme and with assistance from the Office.

Articles 6, 9 and 10 of the Convention. More and better qualified inspection staff and the status of inspectors. With regard to the number of labour inspectors, the Committee notes that according to the Government, 2,000 members of the inspectorate are to be recruited between 2008 and 2010, including lawyers, economists and engineers, to supplement the existing staff of 746 serving inspectors. Furthermore, labour inspectors’ skills are to be improved through specific training. The Committee takes due note of this information and asks the Government to provide details in its next report of the arrangements for recruiting new inspection staff, and their status and conditions of service, in the light of the requirements of Article 6 of the Convention. It would be grateful if the Government would indicate, in particular, whether competitions have been held for the new posts to be filled throughout the country and to provide any relevant documentation or legal texts.

Articles 11 and 12, paragraph 1(c)(iv). Material working conditions and transport facilities for labour inspectors. The Committee notes the Government’s acknowledgement that the transport facilities available to inspectors for duty travel are inadequate and need to be improved. It requests the Government to provide information on developments in the working conditions of labour inspectors (number, geographical distribution, occupation and state of offices; office equipment, communication media; equipment for technical investigations; transport facilities, arrangements for reimbursing travel expenses and other incidental expenses).

Article 3, paragraph 2. Further duties entrusted to labour inspectors. With regard to the many duties entrusted to labour inspectors and their impact on the performance of their primary duties, the Committee notes that a study on the workload of the territorial directorates was undertaken as part of a project to improve the labour inspection system. The Committee notes with interest that the Government is envisaging the possibility, in the context of future legislative reforms, of reassigning some of the duties of labour inspectors to other public employees and of setting up a special conciliation mechanism. The Committee hopes that the Government will not fail to inform the ILO of the measures taken to ensure that labour inspectors in future devote most of their working time to discharging their primary duties, with priority being given to inspections, and that their results will be reflected in relevant statistical information.

Article 5(b). New arrangements for inspecting conditions of work with the collaboration of the social partners. The Committee notes that 18 so-called “improvement” or “management” agreements were concluded in 2007 between employers and workers under the supervision and monitoring of inspectors in certain sectors, including construction, transport and security enterprises. As the Government indicates that such agreements aim to improve compliance with their respective obligations of employers and workers, the Committee requests it to provide information on their content and on the practical arrangements for implementing them, and to send copies of them to the ILO.

Article 18. Adequate and effectively enforced penalties. With regard to measures to curb the evasion of social security contributions, the Government states that the labour inspectorate is to have information tools such as the single form for the integrated recovery of all contributions due from enterprises, employers or self-independent workers to social security administrators and parafiscal bodies (PILA). The Committee would be grateful if the Government would provide information on the impact of the introduction of this procedure in terms of fulfilment of social security-related obligations. It also asks the Government to provide figures showing contraventions reported and penalties imposed for failure to comply with social security obligations.

Associated work cooperatives (CTAs), subcontracting and increasing precarity of work. According to the Government, the CTA concept has produced a proliferation of entities in which employment relations are concluded in breach of the labour legislation, as abusive and flexible working conditions have undermined the very concept and purpose of cooperatives. It cites instances of employers dismissing workers and setting up cooperatives that the latter are invited to join, and other instances of enterprises circumventing their obligations as employers by creating CTAs, both in the private and public sectors. However, the Government states that measures have been taken to remedy the situation, particularly as regards social coverage, by establishing proper supervision. It cites in this connection Decree No. 4588 of 2006 which regulates the organization, operation and inspection of CTAs. In the last quarter of 2007 and the first half of 2008, a total of 875 cooperatives and 22 pre-cooperatives were brought into conformity with the above Decree. In 2007, 113 penalties, amounting to 268,453,400 pesos, were imposed on cooperatives acting as intermediaries or temporary service enterprises, for evasion of social security contributions, and six penalties amounting to 291,821,800 pesos were imposed on pre-cooperatives. In the Government’s view, the establishment of CTAs must be regarded as a legitimate and effective means of creating jobs and as being of particular benefit to the unemployed, displaced and marginal persons, and enterprises in difficulty or that are restructuring. It is planning to set up an information system on cooperatives, including data on all cooperatives and pre-cooperatives in the country, pursuant to the above Decree No. 4588, as amended and supplemented, so as to prevent the abuse of such associations.

The Committee draws the Government’s attention to paragraph 133 of its General Survey of 2006 on labour inspection concerning the meaning and scope of Article 3, paragraph 1(c), of the Convention, which provides that labour inspectors shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. In the Committee’s view, the deterioration in the working conditions of a large number of workers, many of whom are women, would be ample reason for entrusting to inspectors the task of conducting an inquiry into the employment relationships that exist between those giving instructions or receiving goods and services produced by the CTAs and the workers of the CTAs. Any defects or abuse affecting these workers could thus be identified and improvements introduced in the legislation on conditions of work and the protection of workers in the performance of their work. The Committee hopes that labour inspectors will shortly be entrusted with such an investigation to enable the law to keep pace with new situations in the world of work such as the relationship in which CTAs are subordinate to the enterprises for which they produce goods and services outside any form of work contract. The Government is asked to provide information, together with copies of any texts giving effect to Article 3, paragraph 1(c), of the Convention.

The Committee also asks the Government to inform the ILO of its views on the unions’ proposals on this matter.

Article 14. Notification to labour inspectors of industrial accidents and cases of occupational disease. The Committee has on several occasions asked the Government to take steps to ensure that effect is given to this Article of the Convention. Since it has sent no relevant information on this matter, the Committee urges the Government to take steps to ensure that effect is given in law and practice to this important provision of the Convention as an essential requirement for the development of a policy for the prevention of occupational risks. It firmly hopes that relevant information on this matter will be sent with the Government’s next report.

Article 13. Preventive occupational safety and health measures in high-risk activities. Information available at the ILO shows that in recent years there have been serious accidents in the mining sector, including fatal accidents in February 2007 in the coal mines of San Roque and La Preciosa en Sardinata in the Department of Norte de Santander, and at Gámeza in the Department of Boyacá. As the Government announced that priority will be given to preventing occupational risks by targeting activities and establishments in which workers face serious risks to their health and safety, the Committee requests it to indicate the measures taken to this end. Please indicate in particular whether measures have been taken to identify the risk factors responsible for the above accidents and the means to eliminate them, and to provide any relevant information. If such measures have not been taken, the Committee urges the Government to take measures rapidly to protect the workers concerned against the risk of serious accidents, and to keep the ILO duly informed.

Article 15(c). Principle of the confidentiality of the source of complaints. The Committee notes once again that the Government has not sent the information requested on the existence of a legal basis ensuring that labour inspectors comply with the principle of the confidentiality of the source of complaints. It once again urges the Government to take steps rapidly to supplement the legislation to ensure the confidentiality of complaints so as to protect workers from reprisals, to keep the ILO informed and to provide any relevant laws or bills.

Articles 20 and 21. Annual inspection report. The Committee once again draws the Government’s attention to the obligation on the central inspection authority to publish and communicate to the ILO, in accordance with Article 20 of the Convention, an annual report on the work of the inspection services containing the information required by clauses (a) to (g) of Article 21. The Committee firmly hopes that, with the international cooperation currently under way to reinforce the labour inspectorate, the Government will not fail to take the necessary steps to ensure that full effect is given to these Articles of the Convention. It would be grateful if the Government would in any event provide information on all developments in this area, including any problems encountered.

The Committee is also addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

1. Impact of the reorganization of the labour administration on the functioning of the labour inspectorate. The Committee notes the information provided by the Government on the action undertaken and envisaged in relation to the reorganization of the labour administration as a whole. It once again requests the Government to provide information on the impact of this action on the effectiveness of the labour inspectorate in terms of cooperation with other bodies in the labour administration, collaboration with the social partners and the volume and quality of the activities of the inspectorate.

2. Articles 6 and 10 of the Convention. The Committee once again requests the Government to provide information concerning developments in the situation following the freezing of the recruitment of public servants and on the status and conditions of service of labour inspectors recruited in the context of the restrictions imposed in view of the economic situation.

3. Article 14. Notification to labour inspectors of industrial accidents and cases of occupational disease. With reference to its previous comments, the Committee once again requests the Government to take measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease.

4. Article 15(c). Principle of the confidentiality of the source of any complaint. The Committee notes the Government’s reply to its previous comments on this issue and emphasizes once again the necessity of a legal guarantee of the principle of the confidentiality of the source of any complaint. It therefore once again requests the Government to take the necessary measures to ensure compliance with the principle of the confidentiality of the source of any complaint and the prohibition upon inspectors from revealing to the employer or her or his representative that a visit of inspection was made in consequence of a complaint.

5. Articles 19, 20 and 21. Annual inspection report. The Committee notes the information provided by the Government concerning, among other matters, the number of enterprises registered and workers therein, the number of inspections undertaken by territorial directorates, the number of complaints received and the number of enterprises penalized. The Committee requests the Government to draw the attention of the central labour inspection authority to the guidance provided in Part IV of Recommendation No. 81 concerning the manner in which the information required by Article 21 may be presented in the annual report to serve as a basis for evaluating the operation of the labour inspectorate and the extent to which the legislation subject to its supervision is applied, and in determining appropriate measures for improvement. The Committee hopes that an annual labour inspection report will soon be prepared, that it will be published and communicated to the ILO in accordance with Article 20 and that it will contain the information required on each of the matters covered by Article 21 so that the social partners can be informed and offer relevant suggestions.

Finally, the Committee once again requests the Government to provide copies of Ruling No. 10728 of 22 August 1996 of the Council of State, which it describes as being related to application of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report on the application of the Convention for the period from 1 July 2004 to 31 August 2006, containing its replies to the Committee’s previous comments and forwarding a copy of resolution No. 004283 of the Ministry of Social Protection. The Committee also notes the Government’s replies received on 16 February 2006 to the comments made by the Confederation of Workers of Colombia (CTC), received by the ILO on 31 August 2005 and relating to freedom of association. The Committee refers in this respect to the Tripartite Agreement concluded by the delegation of Colombia to the 95th Session of the International Labour Conference in June 2006, the objectives of which include shedding light on violations of the freedom and life of workers and trade union leaders, giving new impetus to the ILO’s principles with a view to giving effect to fundamental labour rights and affirming the implementation of ILO policies with emphasis on concerted action, social dialogue, collective bargaining and the right of association. The Committee expresses the firm hope that this agreement will contribute to achieving the objectives established and requests the Government to keep the ILO informed of any development in relation to the application of the Convention.

The Committee is addressing a request directly to the Government on certain matters.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 3, paragraph 2, and 16 of the Convention. With reference to its previous comments, the Committee notes with interest that the number of inspections increased, rising from 6,692 in 2000 to 10,811 in 2003. However, noting that the inspection function is not separate from the function of conciliation and that the activities of labour inspectors are focused on the resolution of disputes, the Committee hopes that the Government will ensure that measures are taken to enable labour inspectors to devote the majority of their working time to their principal functions, as set out in the Convention.

Article 5. Please indicate the measures adopted in the framework of the new Ministry of Social Protection to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (clause (a)), and collaboration between officials of the labour inspectorate and employers and workers or their organizations (clause (b)).

Articles 6 and 10. The Committee hopes that the Government will provide the information requested in its previous comments concerning developments in the situation following the freezing of the recruitment of public servants and on the status and conditions of service of labour inspectors recruited in the context of the restrictions imposed in view of the economic situation.

Articles 7 and 11. The Committee notes that the Special Inspection, Surveillance and Control Unit does not enjoy administrative, technical and financial autonomy and that the operation of the territorial directorates depends on the budget that is allocated to them annually by the Ministry of Social Protection. In its report under Convention No. 129, the Government indicates that a series of training seminars for labour inspectors is envisaged this year, but that all activities depend on the availability of resources. The Committee notes in this respect that, under section 43 of Decree No. 205 of 2003, the resources and possessions of the former Ministries of Labour and Social Security and of Health shall be transferred to the Ministry of Social Protection. It would be grateful if the Government would keep the Office informed of the legal and practical arrangements for the implementation of this text and the resulting situation at the present time.

Further noting that the manual for inspectors is being updated, the Committee requests the Government to provide a copy of the new manual once it has been published.

Article 14. With reference to its previous comments and emphasizing, as it has in paragraph 86 of its General Survey on labour inspection of 1985, that notifying the labour inspectorate of cases of employment accidents and occupational diseases is not an end in itself, but part of the more general aim of accident prevention, the Committee would be grateful if the Government would rapidly take measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease in such cases and in a manner as may be prescribed by national laws and regulations, and to provide information on any progress achieved in this respect.

Article 15(c). The Committee refers to its previous comments under Article 20(c) of Convention No. 129 on the necessity to guarantee a legal basis ensuring the principle of confidentiality of the source of any complaints, with a view to securing the effective protection of workers against any reprisals by employers and to prevent the fear of the revelation of their identity constituting an obstacle to the collaboration of workers with labour inspectors. The Committee notes that no information has been provided by the Government on this subject. It would be grateful if the Government would rapidly take the relevant measures to ensure compliance with the principle of the confidentiality of the source of complaints and the prohibition of inspectors revealing to the employer or her or his representative that a visit of inspection has been made in consequence of a complaint. It hopes that the Government will provide information showing that effect has been given to this provision of the Convention.

Articles 19, 20 and 21. The Committee notes the statistical tables (containing information disaggregated by territorial directorate) provided by the Government. It notes that these tables cover in particular strikes, complaints, conciliations, consultations, authorizations for work by young persons, complaints relating to young persons, applications for terminations, inspection visits, the number of enterprises penalized, administrative functions, administrative investigations, the amount of the fines imposed for infringements of the legislation relating to the general system of occupational risks and on employment accidents and cases of occupational disease resulting in permanent or partial incapacity, invalidity or death. Further noting from the Government’s report under Convention No. 129 that the central inspection authority does not issue an annual report on the activities of the labour inspection services, but that territorial directors submit quarterly reports to the Special Inspection, Surveillance and Control Unit containing, among other data, information on the enterprises inspected and penalized, the Committee requests the Government to ensure that the central authority discharges its obligations of the publication and communication to the ILO, within the time limits set forth in Article 20, of an annual inspection report containing information on each of the matters enumerated in Article 21.

The Committee would be grateful if the Government would also provide copies of Amendments No. C-096 of 1993 of the Constitutional Court, No. 14684 of 12 October 2000 of Chamber 2 of the Council of State and No. 10728 of 22 August 1996 of the Council of State, which it describes as relating to the application of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s partial responses to its previous comments, and the documentation provided in annex.

It notes in particular the merger, under the terms of Act No. 790 of 2002, of the Ministry of Labour and Social Security and the Ministry of Health into a single ministry called the Ministry of Social Protection, the objectives, structure and functions of which are determined by Decree No. 205 of 3 February 2003. The Committee notes with interest that, under resolution No. 0004283, of 23 December 2003, determining the new jurisdiction of labour inspection offices, the jurisdictions of the labour inspectorates are redistributed so as to extend the coverage of the inspection services to the whole of the national territory and to improve their operation, as well as distributing resources on the basis of certain criteria, such as: the political and administrative divisions of the country; the number of municipalities per department; the size of the department; the total population, the working-age population and the economically active population; the unemployment rate; the underemployment rate; the number of enterprises; the distances between municipal areas; and the communication and transport facilities and workload.

The Committee notes that the labour inspection system is placed under the central authority of the new Ministry, that it is structured at the central level into the Special Inspection, Surveillance and Control Unit; at the regional level, into 32 territorial directorates distributed among the main towns of the department, with the possibility of creating special offices by ministerial decision on the basis of the political, economic and social needs in a specific region, and at the local level in municipal labour inspection offices, the headquarters and jurisdiction of which are to be determined by the Minister. According to the Government, in technical terms, the regional and local structures are under the responsibility of the Deputy Minister of Industrial Relations and, in administrative terms, the Special Inspection, Surveillance and Control Unit.

The Government is requested to provide information on the impact of the recent reorganization of the labour administration on the effectiveness of the activities of the labour inspectorate, together with copies of resolutions Nos. 002 and 0951 of 2003 of the Minister of Social Protection, which were referred to in the Government’s report, and of any other text adopted under Decree No. 205 relating to the subjects covered by the Convention.

The Committee is addressing a request directly to the Government on certain points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its observation, the Committee reminds the Government of its request for information on the following points.

1. Noting that the restructuring of the Ministry of Labour and Social Security was accompanied by the establishment of a special inspection, control and surveillance unit enjoying administrative and financial autonomy, but that the labour inspection services remained within the purview of the Ministry and depended in operational terms on the technical labour, employment and social security and occupational risks directorates, the Committee requested the Government to provide clarifications on the allocation of the budget for the provision of the vehicles and transport expenses required for travel by labour inspectors. The Government is once again requested to provide this information so as to enable the Committee to assess the manner in which effect is given to Article 11, paragraphs 1(b) and 2, of the Convention.

2. Noting the conclusion of a cooperation agreement between the national directorate for the prevention of accidents, a number of bodies and institutions and the Ministry of Labour with a view to improving working conditions and occupational safety in the mining sector (Article 5(a)), the Committee also requested the Government to provide information on the application of this agreement in practice in so far as the labour inspectorate was associated with it, and to indicate the measures taken in practice, where appropriate, to promote collaboration between the staff of the labour inspectorate and employers and workers or their organizations. The Committee hopes that the Government will not fail to reply to this request so as to indicate the manner in which effect is given in practice to Article 5(b).

3. Noting the information in the Government’s report concerning the conclusion of a cooperation agreement between the Ministry of Labour and Social Security and the Office for the Defence of the People, two institutions with the responsibility of developing, with the support of municipalities, programmes to monitor and control the application of labour and social security provisions, the Committee would be grateful if the Government would provide information on the implementation of the action undertaken in accordance with this agreement, and on the role entrusted to labour inspectors for the achievement of the common objective.

4. Noting that the economic situation required, on the one hand, the freezing of recruitment of public servants and, on the other hand, adoption of the provisional measure of the recruitment of officials under contract, the Committee requests the Government to keep the ILO informed of developments in the situation with regard to the status and numbers of labour inspectors already employed and those recruited in the context of these restrictions.

5. Finally, with reference to the provisions of Act No. 100 of 1993 establishing the integrated safety system under which industrial accidents and cases of occupational disease must be notified to the bodies responsible for the management of occupational risks, the Committee requests the Government to specify the bodies in question and indicate the cases and conditions under which it is envisaged in the national legislation, in accordance with Article 14, that the labour inspectorate shall be notified of the above accidents and diseases.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous comments, the Committee notes with satisfaction that the supervision of trade union activities entrusted to labour inspectors by section 41 of Legislative Decree No. 2351 of 1965, which is in contradiction with Article 3, paragraph 2, of the Convention, has been abolished by section 20 of Act No. 584 of 13 June 2000 repealing and amending certain provisions of the Labour Code.

2. The Committee nevertheless notes that the principal activities carried out by labour inspectors remain conciliation in the context of labour disputes and a certain number of other activities not closely related to the principal duties that should be assigned to them in accordance with Article 3, paragraph 1. Labour inspectors, whose numbers do not appear to have increased according to statistics for the year 2000, undertook 64,985 conciliation procedures, not including attempted conciliations, but only carried out 6,692 workplace inspections, including inspections related to occupational safety and health. Each inspector would have therefore carried out only 24.5 inspections, compared with 238 conciliations during the above period. The Committee would be grateful if the Government envisages taking the necessary measures to ensure that inspectors in future devote most of their working time to their principal duties relating to the application of the legislation, with priority being given to the inspections which, in accordance with Article 16, they should undertake as often and as thoroughly as possible. It trusts that the Government will not fail to provide the ILO with information in this respect and that the results of the relevant measures will be reflected in the near future in statistical data on the work of the labour inspectors in accordance with the letter and spirit of the above provisions of the Convention.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed report provided by the Government, and the attached documentation.

The Committee notes with interest Decree No. 1128 of 29 June 1999, restructuring the Ministry of Labour and Social Security and establishing a special inspection, supervision and monitoring unit under the Ministry, which enjoys administrative and financial autonomy. It also notes that the labour inspection services come hierarchically under the Ministry of Labour and Social Security and functionally under the technical directorates of labour, employment, social security and employment injury. The Committee would be grateful if the Government would indicate the manner in which the budget for the labour inspectorate is administered, particularly in relation to the vehicles and reimbursements necessary for travel by labour inspectors.

The Committee also notes with interest that, under Act No. 443 of 1998, the administrative careers of public officials are now governed by a technical system of personnel administration and that this system will have the advantage of safeguarding them from political influence and the consequences of any change of government. The Committee hopes that, by ensuring the authority of the inspectors in relation to the social partners, the new provisions will have a positive impact on the effectiveness of the labour inspectorate.

The Committee notes that the principal activity of the inspection services consists largely of resolving labour disputes and that a certain number of other functions are entrusted to labour inspectors in addition to the primary duties set out in Article 3, paragraph 1. It notes in particular with a certain concern the information provided by the Government concerning the right of labour inspectors to enter any trade union meeting at any time without prior notice. The Committee emphasizes that the objective of labour inspection, in accordance with Article 3, is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and it therefore considers that the exercise of the powers referred to above by labour inspectors is in no way justified and, indeed, is liable to compromise gravely the development of the climate of confidence which should prevail between inspectors and workers. The Committee would therefore be grateful if the Government would take the necessary measures to amend the national legislation on this point and to indicate in its next report the manner in which, in accordance with Article 3, paragraph 2, it ensures that the exercise of such functions by labour inspectors is not such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

The Committee notes that, in accordance with Article 5(a), a cooperation agreement has been concluded between the national directorate for the prevention of accidents, a number of other bodies and institutions and the Ministry of Labour with a view to improving conditions of work and occupational safety in the mining sector. The Committee would be grateful if the Government would provide information on the effect given in practice to this agreement in so far as the labour inspectorate is associated with it and to indicate whether practical measures have also been taken, as envisaged by point (b) of the above Article, to promote collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Article 8. The Committee notes with interest the information provided under Convention No. 129 indicating the significant proportion of women in the staff of the labour inspectorate. It would be grateful if the Government would indicate the manner in which effect is given to this Article under which, where necessary, special duties may be assigned to men and women inspectors.

Noting that under Decree No. 1128 of 1999, the special inspection, supervision and monitoring unit is responsible, among other matters, for supervising and monitoring the employment injury prevention services, and with reference to its general observation of 1996 under the Convention, the Committee reminds the Government that the ILO publication entitled Recording and notification of occupational accidents and diseases (1996) contains practical guidelines on the compilation, registration and communication of reliable data in this respect. It hopes that the Government will not fail to use it as a basis when preparing texts to be issued under the above provision of Decree No. 1128 and that it will provide information in its next report on the progress achieved.

Finally, the Committee requests the Government to provide regularly in future annual reports on the inspection services, the publication and transmission of which are required under Article 20, containing information on the subjects enumerated in points (a) to (g) of Article 21.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee would be grateful if the following information were provided in the next report.

Article 3, paragraph 2, of the Convention. Please indicate what measures are taken to ensure that labour-management conciliation duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties.

Article 5(a). Please describe what measures are taken to ensure effective cooperation between the inspection services and other government services, particularly as regards the National Institute of Health and the Ministry of Health.

Articles 6 and 11(b). (1) The Committee notes that the desired transport facilities have not been provided for inspectors; reliance is sometimes placed on enterprises or unions. Please indicate any progress made so that reliance is not placed upon employers or workers' organisations for their transport. (2) The Committee notes from the report on Convention No. 129 that not all members of the labour inspectorate are career officials. Please clarify how the stability and independence of all inspection staff are ensured in these circumstances.

Article 14. The Committee notes that industrial accidents and occupational diseases are not always notifed to the Ministry of Labour. Please indicate any measures proposed to ensure that inspectors are duly notified and can thus exercise their functions correctly.

Article 15(c). Further to previous comments, the Committee notes the statement that the principle of confidentiality referred to in this Article is observed in practice. The Government also refers (for the first time) to Decree No. 1489 of 1952. Please indicate whether this Decree applies to labour inspectors and the labour inspectorate, and provide a full copy.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes the labour statistics provided in Bulletin No. 33-34 of the Ministry of Labour and Social Security, which covers 1988 but only partially responds to the requirements of the Convention. The Bulletin indicates that the number of inspection visits made decreased in 1988, and most were in the commercial sector (excluded by Colombia from its acceptance of the Convention). The number of violations of legislation reported was also lower.

The Committee recalls the Convention's requirement that workplaces should be inspected as often and as thoroughly as necessary; and the importance of compiling annual reports on the activities of the inspection services containing detailed information on all the subjects required by the Convention, so that the manner in which the Convention is being applied can be appreciated. It once again expresses the hope that remedial measures will be taken by the Government.

The Committee is also addressing a direct request to the Government concerning application of Articles 3, paragraph 2; 5(a); 6 and 11(b); 7; 14; 15(c).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 15(c) of the Convention. In its reply to the Committee's comments, the Government asks how effect can be given to this provision of the Convention without infringing the rights of the public, deriving from Act No. 57 of 1985 respecting the public nature of official acts and documents.

The Committee notes that, under section 12 of the above Act, all persons have the right to consult official documents provided that access to them is not restricted by law. Since the non-fulfilment by labour inspectors of their fundamental obligation to treat as confidential the source of any complaint that has prompted a visit of inspection could have particularly serious consequences for the workers (see the General Survey of 1985 on labour inspection, paragraphs 201 and 202), the Committee trusts that the Government will shortly take the necessary measures to make this obligation statutory.

Article 16. The Committee wishes to point out yet again that, in the absence of any information on the number of workplaces liable to inspection, it is unable to ascertain the extent to which effect is given to this provision of the Convention on the basis of statistics of the workplaces inspected, published in the periodical bulletins transmitted by the Government. Consequently, it again requests the Government to provide all the necessary information in its next report to enable it to assess the extent to which effect is given to this provision of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that under section 57(9) of Decree No. 1422 of 1989 concerning the restructuring of the Ministry of Labour and Social Security, the General Inspection Directorate is responsible for collecting, processing and analysing information on inspection work at national and regional levels. Accordingly, the Committee hopes that it will be possible for annual reports on the activities of the inspection services containing detailed information on all the subjects listed at Article 21 to be published and transmitted to the International Labour Office within the period laid down at Article 20.

The Committee is also addressing a direct request to the Government concerning the application of Articles 15(c) and 16 of the Convention.