Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

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

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

1. 66. At its June 2005 meeting, the Committee requested the Government to indicate whether it had initiated an administrative inquiry into the allegations presented by the National Trade Union of Workers of AVINCO S.A. (SINTRAVI) concerning the enterprise
   • AVINCO S.A. (pressure put on workers to conclude a collective agreement outside the union and consequent withdrawal of non-statutory services for unionized workers; the pressure put on workers to leave the union) [see 337th Report of the Committee,
   • paras. 53-55].
2. 67. In its communication dated 14 September 2005, the Government states that, through resolution No. 0156 of 17 May 2005, the territorial directorate of Antioquia decided not to impose penalties on the enterprise AVINCO S.A. for failing to prove that no pressure had been put on workers to conclude a collective agreement outside the union. In effect, the statements made by the members called on to testify show that they left the trade union and concluded the collective agreement of their own free will. Moreover, as to non-statutory services, the inquiry revealed that such services were not included in the collective agreement. The abovementioned decision is final as no appeal has been lodged against it (the Government includes a copy of the decision and the writ of execution).
3. 68. The Committee notes this information and recalls that with regard to the conclusion of collective agreements, when examining similar allegations linked to other complaints presented against the Government of Colombia, it stressed that “the principles of collective bargaining must be respected taking into account the provisions of Article 4 of Convention No. 98” and that “collective agreements should not be used to undermine the position of the trade unions” [see 324th Report, Case No. 1973, 325th Report, Case
4. No. 2068 (Colombia)) and 332nd Report, Case No. 2046 (Colombia)].