Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 2151 (Colombia) - Complaint date: 09-JUL-01 - Closed

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

1. 37. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 28-38]. On that occasion, the Committee made the following recommendations:
2. 1. As regards the dismissal of trade union officials of various public bodies related to the Institute for Urban Development (SINDISTRITALES and SINTRASISE) and Bogotá Council (SINDICONCEJO) without the corresponding suspension of trade union immunity, the Committee requests the Government to provide it with information on the inquiries that have been initiated.
3. 2. As regards the allegations relating to the dismissal of SINTRABENEFICENCIAS officials for setting up trade union in the Cundinamarca district, and on which the territorial directorate of Cundinamarca was to issue the corresponding decision, the Committee requests the Government to provide it with a copy of this decision.
4. 3. With regard to the refusal to grant trade union leave and further dismissals of SINTRASISE officials in the Transport Department, the Committee requests the Government to send copies of the appeals for reversal and motions of appeal that were rejected.
5. 4. Concerning the refusal of the mayor of Bogotá to bargain collectively, and the lack of regulations governing the right to collective bargaining in the public service, despite the fact that Colombia has ratified Conventions Nos. 151 and 154, the Committee requests the Government to take measures to promote collective bargaining in the Bogotá mayor’s office and to take the necessary measures to ensure that the right of public servants to collective bargaining is respected in accordance with the provisions of Convention No. 151.
6. 5. With regard to the alleged non-compliance with trade union agreements establishing certain advantages in respect of wages and benefits that have been recognized since 1992, the Committee requests the Government to send its observations in this respect.
7. 38. In its communication of 24 December 2003, the Government states that, with regard to the dismissal of trade union officials of the Institute for Urban Development (SINDISTRITALES and SINTRASISE) and Bogotá Council (SINDICONCEJO) without the corresponding suspension of trade union immunity, the Ministry of Social Protection has no authority to begin an administrative labour investigation.
8. 39. The Committee notes this information and requests the Government to provide information on whether, prior to carrying out the dismissal of the trade union officials at the Institute for Urban Development (SINDISTRITALES and SINTRASISE) and Bogotá Council (SINDICONCEJO), the enterprises or institutions in question requested judicial authorization, as required in the legislation.
9. 40. The Committee regrets to note that the Government has not sent the information and observations requested regarding the other outstanding issues covered in the preceding recommendations (2-5), and requests it to do so without delay.