Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Colombia (Ratification: 1933)

1. Article 2 of the Convention. (a) The Committee notes the information supplied by the Government in its report. In particular, it notes with interest the detailed statistical data on the geographical scope, the population, the economic sectors and occupations covered by social security institutions which, according to the Government, demonstrate the progress achieved in extending the social security scheme, despite the problems, particularly of an economic nature, which are affecting the country. The Committee notes, however, that it is not possible from the above information to determine the number of workers protected by the industrial accident branch of the social security scheme nor their percentage in relation to the total number of workmen, employees and apprentices employed in public or private establishments. The Committee requests the Government to provide information indicating the above.

(b) In relation to the amendment of the Labour Code, the Committee notes the adoption of Decree No. 0776 to amend the schedule for the assessment of incapacity to work arising out of industrial accidents that is contained in section 209. It regrets to note, however, that no indication is given as regards the elimination from the above Code of the exceptions and limitations set out in sections 223(c), 224 and 225, which are not envisaged by the Convention. In these circumstances, the Committee is bound once again to express the hope that, as the social security scheme does not cover the whole of the national territory, the Government will amend the Labour Code as indicated.

2. In reply to the observations that the Committee has been making for some years concerning Articles 5, 7, 9 and 10 of the Convention, the Government confines itself to indicating that these will be submitted for examination by the National Labour Council, which is to meet in the second half of November this year, and more specifically to the Special Commission to Reform the Colombian Labour System, so that it can examine and analyse the feasibility of amending section 204 of the Labour Code. In these circumstances, the Committee is bound to reiterate its previous comments that were set out as follows:

Article 5. In its earlier comments, the Committee pointed out to the Government that the payment of compensation in a lump sum, corresponding to a certain number of months' wages in the event of partial or total permanent incapacity or complete disability and also in the event of death (section 204(2) of the Labour Code and sections 22, 23 and 35 of Decree No. 3135 of 1968), is not in conformity with the Convention, under which this compensation must, as a rule, be paid in the form of periodical payments. Although the Convention does not fix the amount of compensation (which may correspond only to a certain percentage of the wage), it provides that compensation shall be paid throughout the contingency and allows these periodical payments to be converted into a lump sum if the competent authority is satisfied that it will be properly used. The Committee is therefore bound once again to urge the Government of the need to amend, for the above reasons, section 204(2) of the Labour Code and sections 22, 23 and 35 of Decree No. 3135 of 1968.

Article 7. The Committee noted the Government's intention to carry out a full and realistic prior study of the financial capacity of the Institute and the employers to assume the payment of the additional compensation due to incapacitated injured workmen who must have the constant help of another person, as laid down by this provision of the Convention. The Committee once again hopes that this study will lead to the early adoption of a provision prescribing the payment of this compensation and asks the Government to inform it of any progress made in this connection.

Article 9. The Committee has drawn the Government's attention to the fact that, under this provision of the Convention, medical, surgical, pharmaceutical and hospital aid must be granted free of charge throughout the contingency, which is contrary to the provisions of section 204(1) of the Labour Code, which restricts the provision of this aid to two years. The Committee therefore once again hopes that, pending the extension of the social security scheme to the whole national territory, the Government will amend this provision of the Labour Code as indicated.

Article 10. The Committee noted that a proposal was to be made to the Social Security Institute to study the possibility of introducing the compulsory renewal of artificial limbs and surgical appliances in conformity with this provision of the Convention. It therefore once again expresses the hope that the Government will take the necessary measures in the near future to amend both section 204(2) of the Labour Code and section 21(b) of Decree No. 1848 of 1969, issued under Decree No. 3135 of 1968.

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The Committee hopes that the Government will be able to indicate the progress achieved in this respect in its next report and that it will continue to supply information on the extension of the social security scheme and, in particular, of the industrial accident branch, if possible, as indicated under point I. [The Government is asked to report in detail for the period ending 30 June 1991.]