Effect given to the recommendations of the committee and the Governing Body - Report No 348, November 2007

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

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

1. 64. The Committee last examined this case in March 2006 [see 340th Report of the Committee, paras 66–68]. The Committee notes the communications from the Trade Union of Workers of “Manufacturas Colombianas Popayán SA” (SINTRAMANCOL), dated 20 March 2007, and from the Antioquia branch of the General Confederation of Labour (CGT), dated 3 May 2007. The Committee also notes the communications from the Government, dated 11 July and 1 October 2007, which refer to issues that have already been examined.
2. 65. With regard to the allegations made by SINTRAMANCOL, the Committee recalls that these concern the dismissal in 2000 of 12 trade union officials from the enterprise Mancol Popayán SA without authorization by the judicial authorities, which had led the Territorial Directorate of Cauca to sanction the enterprise by imposing a fine of 35 legal minimum wages (equivalent to 10,010,000 Colombian pesos), as the dismissals in question were in violation of the provisions of national legislation. For its part, the Committee had requested the Government [see 329th Report of the Committee] to take measures to facilitate the reinstatement of the dismissed trade union officials and, upon confirmation that the enterprise no longer existed, as the complainant organization had claimed, to ensure that the persons concerned were fully compensated. In this respect, the Committee notes that the trade union organization alleges in its last communication that, despite the time that has elapsed (7 years and 11 months), the legal proceedings brought before the judicial authority have not been concluded. Furthermore, in September 2005, the judicial authority annulled all proceedings since 2001, which caused further delays, without the dismissed workers having been compensated. The Committee notes the information according to which the Government would request information from the third labour tribunal of the district of Popayán. In this regard, the Committee stresses the importance of bringing proceedings to a rapid conclusion and urges the Government to make every effort to ensure that the judicial authority takes a decision without delay.
3. 66. With regard to the allegations made by CGT-Antioquia, the Committee recalls that these concern the dismissal on 25 May 1995 of Mr Hector de Jesús Gómez, former trade union official and member of the Trade Union of Workers of “Cementos del Nare SA” (SINTRACENARE). The Committee recalls that, in the context of this dismissal and in accordance with clause 13 of the collective agreement, the trade union organization requested the enterprise to set up a dismissals committee, which was established on 18 August 1995 and which declared the dismissal of Mr Gómez to be unjust and ordered his reinstatement, together with the payment of the wages and benefits owed to him [see 329th Report, para. 454]. The Committee notes that clause 13 of the collective agreement gave the employer an opportunity to insist on dismissal, but with payment of the compensation due plus an additional 12 per cent. The Committee notes that, in its last communication, the CGT indicates that, despite the time elapsed, the enterprise Cementos del Nare SA has not fully compensated Mr Gómez as required under clause 13 of the collective agreement. The Committee regrets that despite the time which has elapsed, the Cementos del Nare SA enterprise has not fully compensated Mr Gómez as required under clause 13 of the collective agreement and requests the Government to take the necessary measures to ensure that this payment is made without delay.