Effect given to the recommendations of the committee and the Governing Body - Report No 399, June 2022

Case No 3114 (Colombia) - Complaint date: 04-NOV-14 - Closed

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

1. 18. The Committee last examined this case, which refers to allegations concerning anti-union terminations of employment and dismissals in a sugar enterprise and an agricultural services enterprise, at its meeting in October 2020 [see 392nd Report, paras 32–44]. On that occasion, the Committee requested the Government to inform it of the outcome of the criminal investigation requested in 2014 by the labour inspector in relation to the alleged anti-union nature of the dismissals at the agricultural services enterprise, as well as of the measures taken in the event that the investigation revealed that anti-union acts took place.
2. 19. In a communication dated 7 January 2021, the “14 June” National Union of the Sugar Industry (SINTRACATORCE) transmitted additional information regarding the alleged anti-union terminations of employment at the sugar enterprise, an aspect of the case that the Committee had decided not to examine further.
3. 20. In a communication dated 7 May 2021, the Government submitted its observations in relation to the information requested by the Committee concerning the dismissals at the agricultural services enterprise. The Government indicates that, by a decision of 30 October 2017, the Public Prosecutor’s Office No. 32 in Cali ordered the criminal investigation to be closed, as the complaint had not been filed by the legitimate complainant. It explains that, according to article 74 of the Code of Criminal Procedure, the legitimate complainant was the trade union organization.
4. 21. The Committee takes due note of the information provided by the Government. The Committee also recalls that it had already noted that the administrative complaints, as well as the judicial appeals lodged at four levels of jurisdiction in connection with the dismissals at the agricultural services enterprise, had resulted in decisions unfavourable to the workers concerned. In these circumstances, the Committee considers this case closed and will not pursue its examination.