Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Case No 1962 (Colombia) - Complaint date: 06-MAR-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 44. The Committee last examined this case at its meeting in November 2006 [see 343rd Report, paras 53–55]. On that occasion, the Committee requested the Government and the Public Employees’ Trade Union of the Municipality of Neiva to seek a solution to the dispute arising from the dismissal of workers of the Municipality of Neiva in violation of the collective agreement, and whose amparo proceedings were rejected by the Constitutional Court, in order to ensure full compensation for the dismissed workers.
2. 45. In a communication dated 21 March 2007, the Government reiterates that a court order is necessary for the compensation to be paid. In its communication dated 6 June 2007, the trade union states that the situation has not changed and that the workers have not received any compensation.
3. 46. The Committee therefore repeats its previous recommendations, namely, given that the legal action does not by its nature have a bearing on the substance of the matter at issue, i.e. payment of full compensation to the workers, and that the court ruling provides that “it is not incompatible with the need for the Government and the trade unions to proceed in such a way as to secure adequate compliance with the recommendations of the Committee on Freedom of Association …”, the Committee again requests the Government and the trade union to seek a negotiated solution regarding compensation for the dismissed workers.