Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Colombia (Ratification: 1933)

The Committee notes the information provided in the Government's report.

Application of the Convention in the agriculture and food sector

The National Union of Food Industry Workers (SINALTRAINAL) has provided an observation concerning the refusal by certain enterprises in the agriculture and food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. Noting the absence of a response from the Government, the Committee requested it to indicate the measures taken or envisaged to ensure that the minimum wage rates fixed are binding, in accordance with Article 3, paragraph 2, of the Convention, and are effectively applied, in accordance with Article 4.

The Committee notes the very detailed information provided by the Government on the procedure initiated by SINALTRAINAL. In this regard, the Government considers that the Minister of Labour and Social Security has observed all existing positive law procedures.

The Committee observes, however, that the Government's report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector.

Application of the Convention to teachers

In the previous comments relating to the wage rules for teachers in the public sector, the Committee requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable, in accordance with the statutory minimum wage for the national territory, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

The Committee notes that the Government has provided information on the decentralization and financing of the education system but does not provide an initial response to the points raised by the Committee. Consequently, the Committee again requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable to teachers, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.

Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers' wages in the private sector to the wages of the corresponding category in the public sector must now be one to one.

The Committee requests the Government to indicate the measures taken or envisaged to amend section 197 of Act No. 115 of 8 February 1984 and, where necessary, to provide a copy of the new text.