Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

Case No 2051 (Colombia) - Complaint date: 14-SEP-99 - Closed

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

1. 52. At its March 2002 meeting, the Committee urged the Government to carry out an investigation on the following allegations: (1) the offer of employment in cooperatives, under threat of dismissal, to the workers of Confecciones de Colombia Ltd. having a fixed-term contract; (2) whether these cooperatives were bona fide ones, since they were managed by the employers, the workers worked on the same premises, with the same bosses and the same machinery as the workers still with the enterprise; (3) whether the company did order a mass dismissal of cooperative workers in February 1999; and (4) whether the creation of the labour cooperatives has had disastrous consequences for the workers and their trade unions [see 327th Report, paras. 50-53].
2. 53. In its communication of 30 May 2002, the Medellin local of the Trade Union of Textile Industry Workers (SINTRATEXTIL-Medellin) reiterates its previous allegations and adds that, not only the labour cooperatives operate on the company premises with the same bosses and managers, but also that the roster of employees and the payroll are managed by the Health and Safety Department of the company.
3. 54. In its communication of 13 January 2003, considering that there are no new allegations, the Government reiterates the comments made in its communication of 4 September 2001, where it had indicated that the Ministry of Labour and Social Security, through the Coordination of Inspection and Prevention Services of the Antioquia Territorial Directorate, had issued resolution No. 1822 of 1 November 2001, which dismissed the proceedings against Confecciones Colombia Everfit-Indulana. The Government adds that the inquiry showed that there existed within the enterprise four labour cooperatives (CODESCO, COTEXCON, SERVIEMPRESAS and PARTICIPEMOS) each with a manager and an office on the company premises, and that the machinery which belongs to the company is at the disposal of the cooperatives under a leasing contract. These cooperatives have their financial, administrative and operational autonomy in the execution of the contracts made with Confecciones Colombia. The Government adds that it was not possible to ascertain whether the workers had been obliged to leave the company and to become members of the labour cooperatives, and that it has been proved that the company has not unilaterally dismissed any employee during the last six months. The Government concludes by stating that the abovementioned resolution has not been appealed.
4. 55. The Committee takes due note of the information provided by the complainant organization and the Government. It notes with regret that the latter has not undertaken a new exhaustive inquiry to determine: whether these cooperatives were bona fide ones (taking into account the new allegations of 30 May 2002); whether there were mass dismissals of workers in 1999, and; the negative consequences for the workers and their trade unions. The Committee urges once more the Government to carry out without delay, and finalize rapidly, an inquiry on these allegations, and to keep it informed of its result.