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

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

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

1. 50. The Committee last examined this case at its March 2004 meeting [see 333rd Report, paras. 37-40]. On that occasion the Committee made the following recommendations regarding the issues that remained outstanding:
   • The Committee 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 (SINDICONSEJO), the enterprises or institutions in question requested judicial authorization, as required in the legislation.
   • 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.
   • 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 sector, 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.
   • 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.
   • As regards the allegations relating to the dismissal of SINTRABENEFICENCIAS officials for setting up the 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.
2. 51. In its communications of 9 and 13 June 2004, the National Trade Union of Public Servants of Provincial Governments (SINTRAGOBERNACIONES) refers to the recommendation made by the Committee in the present case, in which the Government was urged to take measures to ensure that the required consultation with the corresponding trade union organizations be carried out within the restructuring process and alleges that the Governor of the Department of Cundinamarca failed to comply with this recommendation, presenting a draft bylaw to the Departmental Assembly (a copy of which is sent in an annex) with the aim of modifying the Basic Statute of the Public Administration of Cundinamarca and reorganizing the structure of the Departmental Administration, without having attempted to come to an agreement with the workers or having consulted them.
3. 52. In its communications of 14 May and 1 September 2004, the Government sends further observations. With regard to the dismissal of trade union officials of the Institute for Urban Development (IDU), SINDISTRITALES and SINTRASISE, the Government states that the complainant organization must provide the names of the individuals affected, as well as their positions within the Executive Committee of the trade union, and the date of the facts, in order that they may be identified and their cases dealt with. As for the IDU, the Government states that on 27 March 2001, 188 out of 671 posts were eliminated as a result of reorganization of personnel. Ten cases of suspension of trade union immunity concerning public servants who had that immunity when the staffing changes were passed were backed by the IDU. In six of them the decision went against the IDU, one case was withdrawn and three cases remain outstanding.
4. 53. As regards the dismissal in 2001 of the Executive Committee of the Trade Union of Employees of the District of Bogotá (SINDISTRITALES) by the District Administration, the Government states that, based on Resolution No. 883 of 31 March 2004, which grants the members of the Executive Committee of SINDISTRITALES of the Ministry of Education of Bogotá D.C. trade union leave, it has been verified that Luis Eduardo Cruz, Chairman of SINDISTRITALES, Orlando Castillo, Secretary-General of the same organization and Elizabeth Lozano, Secretary of Solidarity have not been dismissed and, on the contrary, as stated in the very same resolution, are on permanent and paid trade union leave, in the case of the Chairman and the Secretary-General, and temporary trade union leave in the case of the Secretary of Solidarity. As for Carmen E. Quitián, member of the Executive Committee of the Trade Union, the Government reports that she has not been dismissed either and currently benefits from trade union immunity and is attached to the Office of the Controller of the Capital District, according to a payslip dated 30 April 2004.
5. 54. As regards the trade union officials of SINTRASISE, the Government states that the Centre for Systematisation and Technical Services for the Capital District “SISE”, was put into liquidation for technical reasons and its workers laid off with the corresponding compensation payments which took place according to the law. The Government also states that the Centre for Systematisation and Technical Services for the Capital District “SISE” presented the Labour Circuit Court for Bogotá with a special request for dissolution, liquidation and cancellation, as established in Article 380 of the Substantive Labour Code (CST), against the Trade Union of Official Workers of the District Centre for Systematisation and Technical Services (SINTRASISE) with first grade legal status (title no. 7064 of 19 December) in the enterprise because the number of its affiliates had been reduced to less than 25. The Labour Division of the District Court of Bogotá, confirmed the ruling handed down by the Eighteenth Labour Circuit Court, which in its decision dated 19 September 2001, stated that “SINTRASISE falls under the grounds for dissolution set out in subsection (d) of article 401 of the Substantive Labour Code” and ordered the cancellation of the Trade Union’s inclusion in the register of trade unions. As a consequence, the Ministry of Labour decided to remove SINTRASISE from the register of trade unions. SINTRASISE presented an action for protection of constitutional rights that was rejected by the Eighteenth Civil Circuit Tribunal of Bogotá, with that decision being confirmed by the Civil Chamber of the Superior Court of Bogotá D.C., in a ruling dated 17 August 2001. The Government encloses the aforementioned resolution and decisions in an annex to its observations.
6. 55. As to the refusal of trade union leave and further dismissals of SINTRASISE trade union officials working in the Ministry of Transport, the Government states that SINTRASISE was the Trade Union of Workers of the District Centre for Systematisation and Technical Services “SISE”, the district body which was put into liquidation and no individuals working in the Ministry of Transport belonged to that trade union.
7. 56. As to the allegations regarding the mayor of Bogotá’s refusal to bargain collectively, and the lack of regulations governing the right to collective bargaining in the public service, the Government is pleased to announce the adoption of Decree No. 137 of 29 April 2004 (sent in an annex), through which the District Committee for Labour Dialogue and Coordination has been established as a coordinating body for labour issues related to public servants of the Capital District. The aforementioned committee is made up of workers and public servants of the Capital District, alongside representatives of organizations, federations and trade unions whose members may be public servants of the District. As a part of its work, the Committee has already carried out the negotiation and coordination of the increase in wages of the public employees of the Capital District, within the framework of the policy of dialogue of that administration and the participation of trade union organizations on issues which are of great importance to the interests of the workers. This agreement will be applied to around 17,000 workers linked to the Capital District within its different bodies. Within the framework of the policy of coordination and dialogue with trade union organizations, the Capital District also agreed to the creation of a forum for dialogue with the Union of Public Servants of the Districts and Municipalities of Colombia (UNES), with the aim of jointly analysing the successive pronouncements of the Committee on Freedom of Association.
8. 57. With regard to the alleged non-compliance with trade union agreements, the Government states that Decree No. 1919 of 2002 was issued by the President of the Republic and is binding on all territorial entities, including the Capital District. The aforementioned Decree led to the suspension of pay for the so-called five-year period that had been awarded to public servants of the Capital District in recognition of services rendered for periods of five years of service. Decree No. 1919 was called into question on several occasions before the Council of State and this high court is currently considering a ruling with regard to this issue.
9. 58. As to the dismissal of trade union officials belonging to the Institute for Urban Development (IDU), the Committee notes that the Government states that the IDU has brought ten cases of suspension of trade union immunity: in six cases the decision went against the IDU, one case was withdrawn and three cases remain outstanding. The Committee expects that those trade union officials who win their cases will be effectively reinstated.
10. 59. The Committee notes, with regard to the dismissal in 2001 of the Executive Committee of SINDISTRITALES, that the four members of the committee have not been dismissed, and on the contrary, three of them benefit from permanent or temporary paid trade union leave and the fourth is covered by trade union immunity. The Committee takes note of this information.
11. 60. As to the SINTRASISE trade union officials, the Government states that the Centre for Systematisation and Technical Services for the Capital District “SISE” was put into liquidation for technical reasons and, as a consequence, its employees were made redundant with compensation. The Government also states that the enterprise Centre for Systematisation and Technical Services for the Capital District “SISE” lodged a special complaint with the Labour Circuit Court for Bogotá, requesting the dissolution of SINTRASISE, because its affiliates had been reduced to less than 25. The Court upheld the complaint and its ruling was confirmed by the District Court which ordered the cancellation of the registration of the trade union. SINTRASISE presented an action for protection of constitutional rights that was rejected. The Committee takes note of this information.
12. 61. As to the refusal of trade union leave and further cases of dismissal involving trade union officials belonging to SINTRASISE and working in the Ministry of Transport, the Committee notes that the Government has not yet transmitted the requested copies of the appeals for reversal and motions of appeal. The Committee does, however, note the fact that the Government states that SINTRASISE was the Trade Union of Workers of the District Centre for Systematisation and Technical Services “SISE”, a body which was put into liquidation as mentioned above, and that no individuals working in the Ministry of Transport belonged to that trade union.
13. 62. As to the allegations regarding the mayor of Bogotá’s refusal to negotiate collectively and the lack of regulation concerning the right to collective bargaining within the public service, the Committee notes with interest the adoption of Decree No. 137 of 29 April 2004 on the creation of the District Committee for Labour Dialogue and Coordination, established as a coordinating body for labour issues related to public servants of the Capital District. The Committee also notes that, as a first result of the District Committee’s functioning, the increase in wages of the public employees of the Capital District has been agreed upon. Moreover, the Committee notes the creation of a forum for dialogue with the Union of Public Servants of the Districts and Municipalities of Colombia (UNES), with the aim of jointly analysing the successive pronouncements of the Committee on Freedom of Association. The Committee requests the Government to continue to keep it informed of the progress made in the area of collective bargaining in the public sector within the Capital District, as well as of any new agreements which might be reached. Taking into account the fact that it has examined various cases involving difficulties linked to collective bargaining in other areas of the public sector, the Committee hopes that similar measures will be adopted in those areas.
14. 63. 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 notes that the Government states that Decree No. 1919 was called into question on several occasions before the Council of State and this high court is currently considering a ruling with regard to this issue. The Committee requests the Government to keep it informed as to the results of these proceedings once the rulings have been handed down.
15. 64. As to the allegations regarding the dismissal of trade union officials belonging to SINTRABENEFICENCIAS for having formed a trade union organization in the Cundinamarca district, on which the Territorial Directorate of Cundinamarca was to issue the corresponding decision against the background of the administrative inquiry that has been initiated, the Committee requests the Government to provide it with a copy of this decision.
16. 65. The Committee notes that the Government has not transmitted information on the suspension of the trade union immunity of the trade union officials dismissed from the Bogotá Council (SINDICONCEJO), and the allegations of SINTRAGOBERNACIONES regarding the failure to consult with the trade union during the preparation of a draft bylaw aimed at modifying the Basic Statute of the Public Administration of Cundinamarca and reorganizing the structure of the Departmental Administration and requests the Government to transmit its observations in this respect. The Committee notes that a new communication of the Government was received on the eve of its meeting. It will examine the information contained in this communication when it next examines this case.