Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2097 (Colombia) - Complaint date: 18-AUG-00 - Closed

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

1. 46. At its June 2004 meeting, the Committee made the following recommendations with regard to the issues that remained outstanding [see 334th Report, para. 380]:
   • n With respect to the allegations of violations of trade union rights at the enterprise AVINCO S.A., submitted by the National Trade Union of Workers of AVINCO S.A. (SINTRAVI), related to the pressure put on workers to conclude a collective agreement bypassing the trade union, the subsequent withdrawal of non-statutory benefits from unionized workers and the pressure put on workers to make them leave the trade union, the Committee highlights the seriousness of these allegations and once again urges the Government to conduct an inquiry into the alleged facts and, depending on the conclusions reached by the inquiry, to state which legal channels the trade union can use to protect its rights. The Committee requests the Government to keep it informed in this respect. The Committee requests the Government to take the necessary measures to adapt the legislation and the legal procedures in conformity with Conventions Nos. 87 and 98.
   • n Concerning the dismissal of Mr. Héctor de Jesús Gómez, former trade union official and trade unionist of the Trade Union of Workers of “Cementos del Nare S.A.” (SINTRACENARE), on 25 May 1995, the Committee requests the Government to take the necessary measures to ensure that the enterprise fully complies with article 13 of the collective agreement and pays Mr. Héctor de Jesús Gómez the corresponding compensation plus an additional 12 per cent, and to keep it informed in this respect.
   • n With regard to the allegations submitted by the Single Confederation of Workers of Colombia (CUT), Antioquia Executive Subcommittee, and the Union of “Official” Workers and Public Employees of the General Hospital of Medellín, the Committee requests the Government to promote collective bargaining at the General Hospital of Medellín without delay and to keep it informed in this respect.
2. 47. In its communication dated 1 September 2004, the Government, referring to the allegations made regarding the enterprise AVINCO S.A., says that it will send appropriate instructions to the Territorial Directorate of Antioquia requesting an administrative inquiry, as and when necessary. Concerning the dismissal of Mr. Héctor de Jesús Gómez, former trade union official and trade unionist of the Trade Union of Workers of “Cementos del Nare S.A.” (SINTRACENARE), the Government states that, once the enterprise pays Mr. Héctor de Jesús Gómez’s aforementioned compensation, it will transmit copies of the relevant documents.
3. 48. As to the allegations concerning the General Hospital of Medellín, the Government reiterates what was previously said regarding collective bargaining for public employees, citing decision C-201 of 19 March 2002, handed down by the Constitutional Court, which states that the restriction of the right of trade unions representing public employees to collective bargaining is legal and which refers to article 416 of the substantive Labour Code.
4. 49. The Committee awaits the outcome of the administrative inquiry into the allegations regarding the enterprise AVINCO S.A. and the documents proving that the former trade union official, Mr. Héctor de Jesús Gómez, has received the compensation envisaged in the collective agreement. As to the Committee’s previous recommendation requesting that the Government promote collective bargaining at the General Hospital of Medellín, the Committee regrets the fact that the Government has not reported any measure in this respect, limiting itself to citing the jurisprudence of the Constitutional Court to the effect that the restriction of the right of trade unions representing public employees to collective bargaining is legal. In this respect, the Committee underlines that Colombia has ratified Conventions Nos. 98 and 154 and therefore has an obligation to recognize public employees’ right to collective bargaining. The Committee requests the Government to take clear measures to promote collective bargaining at the General Hospital of Medellín and to modify the legislation into full conformity with Conventions Nos. 98 and 154. The Committee also reminds the Government of its previous recommendation, in which it requested it to take measures to adapt the legal procedures into conformity with Conventions Nos. 87 and 98.