Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Colombie

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1967)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1976)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Policy on labour inspection. With regard to its previous comments, the Committee notes the Government’s information in its reports that actions for the implementation of the public policy on prevention, inspection, monitoring and control in labour, “Committed to Decent Work 2020–2030”, adopted through Decision No. 345 of 2020, are being carried out in accordance with various instruments established by the Ministry of Labour, including: (i) the Institutional Strategic Plan 2023–2026, the strategic initiatives of which include formulating, implementing and evaluating policies, programmes and projects to strengthen prevention, inspection and enforcement of workers’ fundamental rights; (ii) the 2023 Action Plan of the Directorate of Labour Inspection, Monitoring and Control, which aims to improve the effectiveness of the inspection, monitoring and control system; (iii) the investment project, “Increasing the effectiveness of the inspection, monitoring and control system”; and (iv) the investment project, “Strengthening the system for prevention, inspection, monitoring and control in labour and national social security”. The Committee notes this information, which responds to its previous comment.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions of labour inspectors. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspectors entrusted with the functions of assistance to citizens (169) and conciliation (100), as well as the time dedicated to these tasks, in relation to the number of labour inspectors entrusted with inspection activities and the percentage of time dedicated to inspection activities, in each of the country’s territorial directorates. It also notes the information provided by the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) on the total number of conciliations carried out in 2022 (25,146) compared with the total number of inspections conducted in the same period (14,668). Noting its concern that labour inspectors must be able to meet their responsibilities of securing compliance with and enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to continue to provide information on the number of requests met forassistance to citizens, conciliations carried out and inspections conducted by the labour inspectors, as well as the total time and resources as a percentage of the time and resources used by inspectors to perform their main functions provided for in Article 3(2) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. In response to its previous comments, the Government indicates that: (i) under section 25 of Act No. 909 of 2004, governing public employment, administrative careers and public management, and section 2.2.1.1.3 of Decree No. 1083 of 2015 on the public sector, the transitory provision on temporary status only applies, on an exceptional basis, when career public servants are not available and there is no updated list of eligible candidates to be used; (ii) temporary appointments must be based on meritocratic criteria so that the public administration has competent personnel available to it; and (iii) inspectors hired on a temporary basis have relative job security and their employment can only be terminated if their function is assigned to a public servant further to a competition based on merit and on the grounds laid out in section 2.2.5.2.1 of Decree No. 1083 of 2015. The Committee also notes that, in accordance with Decree No. 1083 of 2015, admission to temporary posts does not generate career-related rights (section 2.2.1.1.3) and that the duration of the temporary appointment must be subject to budget availability (section 2.2.1.1.4). The Committee once again requests the Government to provide information on the measures adopted to ensure that the status and conditions of service of labour inspectors guarantee job security, in accordance with Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129.

With regard to the number of inspectors occupying newly created posts, the Government reports that Decree No. 144 of 2022, provided for the creation of 355 posts for labour inspectors, for which 331 appointments had been made to date. The Committee notes that the Government does not provide information on the type of contract (temporary or definite) under which the 331 inspectors were appointed. It also notes that the Government does not provide information on the salary and benefits structure for labour inspectors, specifically in comparison with tax inspectors or police officers. The Committee once again requests the Government to provide information on the type of contract (temporary or indefinite) under which inspectors are employed, as well as information on their salary and benefits structure in comparison with tax inspectors or police officers.

Articles 11(1)(b), (2) and 15(a) of Convention No. 81 and Articles 15(1)(b), (2) and 20(a) of Convention No. 129. Transport facilities. Principle of the independence and impartiality of labour inspectors. In response to its previous comment, the Government indicates that, in practice, labour inspectors have not sought logistical assistance from employers in order to gain access to workplaces liable to inspection. The Committee requests the Government to provide information on consideration given to the amendment of section 3(2) of Act No. 1610 of 2013 with a view to excluding the possibility of labour inspectors seeking logistical assistance from employers or workers in order to gain access to workplaces liable to inspection.

With respect to the measures adopted to ensure the safety of labour inspectors working in regions where there may be public order issues, the Government reports that the unit under the Ministry of Labour responsible for the occupational safety and health (OSH) of public servants, including inspectors, is working on the procedures for the identification, classification and mitigation of public risk.

Lastly, in relation to the acquisition of vehicles for the labour inspection services, the Government reports that currently there are no plans to purchase vehicles, since there is an austerity package in place in the public sector which limits the possibility of acquiring this type of good. The Committee once again requests the Government to provide information on the results of the studies carried out on the transport for inspectors, as well as any progress in the development of the procedures for the identification, classification and mitigation of public risk for labour inspectors. In addition, the Committee expects trusts that the Government will adopt the necessary measures to ensure that labour inspectors have the transport means necessary for the performance of their functions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Adequate and effectively enforced penalties. Fines imposed and collected. In response to its previous comments on the reasons for the decrease in the number of administrative investigations launched, the Government indicates that since ruling No. C-165 of 2019 of the Constitutional Court, it is no longer necessary to initiate preliminary inquiries or administrative penalty proceedings prior to conducting a routine inspection; and that inspections under the annual inspection programme are no longer conducted in the context of preliminary inquiries.

With regard to the decrease in the number and amount of the penalties imposed, the Government indicates that during the period of the COVID-19 pandemic (2020, 2021 and part of 2022), the preventive tasks of inspectors were given priority over reactive inspections so as not to create more difficulties than employers already had as a result of the pandemic. With respect to the small proportion of fines collected in relation to fines imposed, the Government indicates that the fine collection enforcement unit of the Labour and Social Security Inspection, Monitoring and Control Strengthening Fund (FIVICOT) began operation on 1 January 2020 and that to date it has carried out 1,429 administrative enforcement procedures. The Government adds that currently, there is an increase in the proportion of fines collected in relation to fines imposed, reaching a total collection rate of 35 per cent compared with 100 per cent of the portfolio of outstanding fines.

The Committee also notes the information provided by the Government on: (i) the number of administrative proceedings launched between 2018 and 2022 (15,529 in 2018; 13,067 in 2019; 12,986 in 2020; 11,605 in 2021; and 9,923 in 2022); (ii) the penalties imposed during this same period (3,334 in 2018; 3,341 in 2019; 1,639 in 2020; 3,432 in 2021 and 3,372 in 2022); (iii) the penalties effectively enforced and amounts collected (1,408 in 2018; 1,422 in 2019; 786 in 2020; 1,669 in 2021; and 1,482 in 2022, to a total of 147,411,113,835 Colombian pesos); and (iv) unenforced penalties and the respective amounts (1,926 in 2018; 1,919 in 2019; 853 in 2020; 1,763 in 2021; and 1,890 in 2022, to a total of 241,038,319,060 Colombian pesos). The Committee requests the Government to continue to provide information on the number and nature of violations detected, the number and size of the penalties imposed, as well as on the fines effectively collected in relation to fines imposed and their respective amounts in the industry and agriculture sectors.

With respect to the actions adopted to improve the effective collection of fines, the Government indicates that: (i) the number of workers in the fine collection enforcement unit under FIVICOT has been increased; (ii) training is provided to workers on the procedures for the collection of fines; (iii) a digital interface platform was created between the Inspection, Monitoring and Control System (SISINFO) and the Information, Collection, Budget and Recovery System (SIREC) which has been in operation since 20 April 2023; and (iv) the fine collection enforcement unit under FIVICOT has started the procedures for the collection of fines in respect of completed administrative proceedings that had not been referred to it by the Directorate of Inspection, Monitoring and Control. In this respect, the Committee notes the observations provided by the CUT, the CTC and the CGT alleging that there is no realistic possibility of the financial penalties imposed by the Ministry of Labour being paid, which fosters impunity. The Committee requests the Government to transmit its comments in relation to the observations presented by the workers’ organizations. Further, the Committee requests the Government to continue to provide information on the measures adopted in order to improve the effective collection of the fines that have been imposed, and their impact on the actual collection of such fines.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes that the Government has not presented the annual report on the activities of the labour inspectorate. It notes that the 2022 quarterly bulletins on inspection, monitoring and control, published on the Ministry of Labour’s website, contain statistics on the enforced and unenforced penalties in the different economic sectors, including industry and agriculture. While noting the Government’s indication that as from the second half of 2023 thequarterly bulletins on inspection, monitoring and control cover all the matters required, the Committee requests the Government to provide information on the measures adopted to ensure that the annual reports of the labour inspectorate are regularly published and transmitted to the Office, and that they contain information on all the matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. With reference to the Government’s previous indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed, the Committee once again requests the Government to provide information on the consideration given to the ratification of this Part of the Convention.

Issues specifically concerning labour inspection in agriculture

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. In response to its previous comments, the Committee notes the Government’s information that the Ministry of Labour is implementing a special programme for the provision of mobile labour inspection, in order to deliver its inspection system to all regions throughout the country, with emphasis on rural areas.

In this respect, the Government reports that the Regional Directorate of Labour Inspection, Monitoring, Control and Management organized intervention plans under two operative models – comprehensive intervention and inspection brigades – which enables a consistent rapprochement between the Ministry of Labour, the employers and the workers, and includes the assistance of the mobile labour inspection over two days when services are provided relating to career guidance and inspection procedures; and fairs for inspection, monitoring and control services, and round tables with employers and workers to address work-related issues.

The Committee also notes the observations presented by the CUT, the CTC and the CGT, alleging that: (i) inspections in rural areas are not preventive but are rather information and training processes which are limited in their ability to enforce labour legislation; and (ii) labour inspection in the rural sector is inadequate for the total number of enterprises and workers in the country’s various regions. The Committee requests the Government to provide information on the measures adopted to increase the activities of the labour inspection services in the rural areas of the country, including information on the implementation of the mobile labour inspection strategy and the impact of its various components on compliance with the legal provisions in agriculture. It also requests the Government to provide detailed information on the number of reactive and preventive inspections conducted in this sector and the results of such inspections.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes the Government’s information relating to: (i) the number and nature of OSH violations recorded between 2018 and 2022; (ii) the number of penalties effectively applied in each of the country’s departments in this same period; and (iii) the number of occupational accidents and diseases recorded between 2019 and 2022 in the agriculture, livestock, hunting, forestry and fishing sectors, including the number of deaths of workers in these sectors. The Committee requests the Government to provide information on the number of measures ordered by the labour inspectors (amendments and prohibitions) to ensure the safety and health of workers in agriculture, in accordance with Article 18 of the Convention. It also requests the Government to continue to provide information on the number and nature of the OSH violations detected in agricultural enterprises, the number of penalties imposed, and the number of occupational accidents and diseases recorded in this sector.

Article 9(3). Adequate and further training. In response to its previous comments, the Committee notes the information provided by the Government on training delivered to labour inspectors in 2022, including the number of participants (1,261) and the subjects covered, which include the inspection protocols applicable in the flower growing, palm growing and sugar sectors, prevention and protection against labour hazards and gender-based violence in the workplace, administrative penalty proceedings and the graduation of penalties. It also notes the Government’s information on the composition, in accordance with Decision No. 4607 of 2022, of the Elite Group for Gender Equality, made up of labour and social security inspectors with specialization in conducting inspections with a gender perspective in order to ensure the labour rights of categories of vulnerable workers. The Committee notes this information which responds to its previous comment.

Article 17. Preventive control of new plants, new materials or substances and new methods of handling or processing products. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to provide information on the measures taken in order to ensure that labour inspection services participate in the instances and the manner determined by the competent authority, in the preventive control of new plants, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety in agriculture. The Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.