Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2469 (Colombia) - Complaint date: 09-FEB-06 - Closed

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

1. 78. The Committee last examined this case at its March 2008 meeting [see 349th Report, paras 55–71]. On that occasion, the Committee requested the Government: (1) to keep it informed on any measures adopted to ensure that workers in the public sector and in the central public administration enjoy the right to collective bargaining in the light of Conventions Nos 151 and 154, which have been ratified by Colombia; and (2) with regard to the violation (arising from the adoption of Act No. 909 of 23 September 2004) of the collective agreement signed in 2003 between the Union of Public Officials of the “Evaristo García” University Hospital ESE (SINSPUBLIC) and the hospital, to take the necessary measures to ensure that the collective agreement signed between the public administration and SINSPUBLIC is duly applied and that, during the period of validity of the 2003 collective agreement, stability is guaranteed for the workers who were employed on a temporary basis and fulfilled the conditions of section 24 of the collective agreement.
2. 79. The Committee takes note of the trade union’s communication dated 30 September 2008, in which it states that, despite the amount of time that has elapsed, the Committee’s recommendations have not been applied.
3. 80. For its part, in a communication of 29 May 2008, received on 23 June 2008, the Government states that it has requested observations from the University Hospital.
4. 81. The Committee regrets that, despite the time that has elapsed since this last communication, the Government has failed to take into account its recommendations and has not adopted the necessary measures to ensure compliance with the collective agreement signed between the public administration and SINSPUBLIC. Under these circumstances, recalling that agreements are binding on the parties concerned, the Committee requests the Government to take the necessary measures to ensure that the collective agreement signed in 2003 is duly applied during its period of validity, thereby guaranteeing stability during this period for the workers who were employed on a temporary basis and fulfilled the conditions of section 24 (employment relationships) of the collective agreement.
5. 82. The Committee also notes with regret that the Government has failed to send any information regarding measures adopted with a view to guaranteeing the right to collective bargaining of workers in the public sector and in the central public administration. The Committee recalls that under the terms of Conventions Nos 98, 151 and 154, which have been ratified by Colombia, workers in the public sector and in the central public administration must enjoy the right to collective bargaining, and requests the Government without delay to take measures to promote legislative provisions in this regard.