Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Protection of Wages Convention, 1949 (No. 95) - Colombia (Ratification: 1963)

Articles 1 and 4 of the Convention. Further to its previous direct request, the Committee notes with interest that section 129 of the Labour Code as amended by section 16 of the Law No. 50 of 28 December 199g establishes a maximum percentage of the wage (50 per cent in general and 30 per cent in the case of workers receiving the statutory minimum wage) which may take the form of allowances in kind. It however notes that under section 128 of the Code as amended by section 15 of the same Law the parties may decide that particular benefits or allowances such as food, lodging or clothes do not constitute part of the wages. The Committee recalls that under Article 1 of the Convention, the term "wages" means remuneration or earnings, however designated, capable of being expressed in terms of money and that the Convention does not permit the parties to agree upon exemptions. The Committee requests the Government to supply information on the application in practice of these sections of the Labour Code as well as on measures taken or envisaged to give effect to Articles 1 and 4 of the Convention.

Article 11. Further to its previous comments, the Committee notes with interest that section 157 of the Labour Code as amended by section 36 of the above-mentioned Law ensures better protection of the workers' right to the payment of wages in the event of the bankruptcy or judicial liquidation of an undertaking.