Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Colombia (Ratification: 2000)

The Committee notes the observations of the Union of Cali Municipal Enterprises Workers (SINTRAEMCALI), the General Confederation of Labour (CGT), the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received between 4 June and 1 September 2014, which refer to matters already under examination by the Committee. The Committee notes the Government’s reply to the observations of SINTRAEMCALI of 2014 and those of the CUT of 2011.

Article 7 of the Convention. Participation of public employees’ organizations in the determination of their terms and conditions of employment. In its comments last year on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee noted the adoption of Decree No. 1092, of 24 May 2012, and the conclusion by the national Government and the trade union confederations CUT, CGT and CTC and other organizations representing State employees of the National Collective Accord of 16 May 2013. The Committee also noted that it had been agreed to examine the amendment of Decree No. 1092, the content of which had been criticized by some national workers’ organizations. The Committee notes with interest the adoption, following a process of dialogue with the trade union confederations, of Decree No. 160, of 5 February 2014, which repeals Decree No. 1092, with a view to improving and unifying bargaining in establishments in which there are various trade unions. The Committee notes that the various trade union organizations which provided observations concerning the application of the Convention, notwithstanding the shortcomings identified by some of them, agree in considering that Decree No. 160 constitutes progress in relation to the previous legislation. The Committee notes in particular that, in contrast with Decree No. 1092, Decree No. 160 explicitly provides that: (i) wages can be the subject not only of dialogue, but also of bargaining; (ii) relations between public entities and trade unions of public employees are a subject for negotiation; (iii) the necessary information on the subjects covered by bargaining will be provided to the parties; and (iv) the bargaining process formally concludes with the signature of a collective agreement. The Committee also notes that Decree No. 160 continues to exclude pension from the scope of both bargaining and dialogue. The Committee is addressing this issue in the context of its examination of the application of the Collective Bargaining Convention, 1981 (No. 154).

The Committee also notes with interest the Government’s indications to the effect that: (i) further to the National Collective Agreement, in 2013 in the public administration, 300 sets of claims were negotiated, giving rise to a total of 236 agreements; (ii) Decision No. 2143, of 28 May 2014, entrusts the territorial directorates of the Ministry of Labour with responsibility for promoting and guaranteeing collective bargaining in the public sector; (iii) within the framework of the Sectoral Committee for the Public Sector of the Standing Committee for Dialogue on Wage and Labour Policies, the State and the trade union organizations of public employees are discussing, based on an agreed agenda, a broad range of subjects relating to the economic and social interests of public employees; and (iv) within this framework, agreement was reached on the revision of the General Budget of the Nation with a view to the wage increase for 2015.

Article 8. Machinery for the settlement of disputes arising in connection with the determination of terms and conditions of employment. The Committee notes the indication by the CUT, CTC and CGT that the collective bargaining machinery applicable to public employees lacks effective dispute settlement machinery as, on the one hand, Decree No. 160 does not provide for recourse to arbitration and, on the other, there are neither the financial resources nor the personnel to conduct effectively the mediation process envisaged by the Decree. The Committee requests the Government to consider, within the framework of social dialogue with the most representative workers’ organizations in the public sector, the improvement of existing mediation machinery, and to report any developments in this respect. The Committee also requests the Government to indicate whether the possibility exists in law, and whether the machinery exists to have recourse to arbitration when, by common agreement, both parties engaged in the negotiation of the terms and conditions of employment of public employees so wish.

The Committee is raising other matters in a request addressed directly to the Government.