Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 413, Marzo 2026

Caso núm. 3027 (Colombia) - Fecha de presentación de la queja:: 28-FEB-13 - En seguimiento

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

1. 23. The Committee last examined this case concerning allegations of anti-union liquidation of a company in the agri-food sector at its March 2024 meeting [see 405th Report, paras 276–308]. On that occasion, the Committee requested the Government to examine with the social partners the necessary measures to strengthen the mechanisms for protecting freedom of association in the event of liquidation of companies. The Committee requested the Government to keep it informed in this regard.
2. 24. The complainant organization submitted additional information in communications dated 15 April and 9 September 2024. The Government submitted its observations in communications dated 4 May 2024 and 18 February 2026.
3. 25. In its two communications, the complainant organization reiterates its previous allegations that the liquidation of a company in the agri-food industry (hereinafter “the company”) was driven by anti-union motivations and that its production activities continue to be carried out by another company with which the company merged, in the same plant, with the same machinery, but with non-unionized personnel.
4. 26. In its communication of 4 May 2024, the Government stated that the information it had previously provided to the Committee remained fully valid. In its communication of 18 February 2026, the Government indicates that: (i) at the request of the complainant organization, a meeting was held on 17 February 2026 at the Ministry of Labour, with the Deputy Minister of Labour Relations and Inspection, during which a detailed review of the case and the Committee’s recommendations was conducted; (ii) the Ministry of Labour is drafting a decree on preventive measures that incorporates guidelines for the Supervisory Authority for Companies on liquidation processes; (iii) in light of the Committee’s previous recommendations requesting a thorough investigation into the possible anti-union nature of the dismissal of unionized workers from the company in conjunction with its liquidation [see 376th Report of the Committee, para. 300.b)], the possibility of reopening the requested investigation to determine whether acts of anti-union discrimination have taken place has been arranged; and (iv) the Government will inform the Committee of the results of the investigation and of any regulatory measures that may be adopted.
5. 27. The Committee takes due note of the information provided by the Government regarding the conduct of a new investigation into the facts of the present case and the preparation of a decree on preventive measures in liquidation proceedings. The Committee requests the Government to keep it informed of any developments in this regard.