Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Colombia (Ratification: 1976)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Policy on labour inspection. With regard to its previous comments, the Committee notes the Government’s information in its reports that actions for the implementation of the public policy on prevention, inspection, monitoring and control in labour, “Committed to Decent Work 2020–2030”, adopted through Decision No. 345 of 2020, are being carried out in accordance with various instruments established by the Ministry of Labour, including: (i) the Institutional Strategic Plan 2023–2026, the strategic initiatives of which include formulating, implementing and evaluating policies, programmes and projects to strengthen prevention, inspection and enforcement of workers’ fundamental rights; (ii) the 2023 Action Plan of the Directorate of Labour Inspection, Monitoring and Control, which aims to improve the effectiveness of the inspection, monitoring and control system; (iii) the investment project, “Increasing the effectiveness of the inspection, monitoring and control system”; and (iv) the investment project, “Strengthening the system for prevention, inspection, monitoring and control in labour and national social security”. The Committee notes this information, which responds to its previous comment.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions of labour inspectors. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspectors entrusted with the functions of assistance to citizens (169) and conciliation (100), as well as the time dedicated to these tasks, in relation to the number of labour inspectors entrusted with inspection activities and the percentage of time dedicated to inspection activities, in each of the country’s territorial directorates. It also notes the information provided by the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) on the total number of conciliations carried out in 2022 (25,146) compared with the total number of inspections conducted in the same period (14,668). Noting its concern that labour inspectors must be able to meet their responsibilities of securing compliance with and enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to continue to provide information on the number of requests met forassistance to citizens, conciliations carried out and inspections conducted by the labour inspectors, as well as the total time and resources as a percentage of the time and resources used by inspectors to perform their main functions provided for in Article 3(2) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. In response to its previous comments, the Government indicates that: (i) under section 25 of Act No. 909 of 2004, governing public employment, administrative careers and public management, and section 2.2.1.1.3 of Decree No. 1083 of 2015 on the public sector, the transitory provision on temporary status only applies, on an exceptional basis, when career public servants are not available and there is no updated list of eligible candidates to be used; (ii) temporary appointments must be based on meritocratic criteria so that the public administration has competent personnel available to it; and (iii) inspectors hired on a temporary basis have relative job security and their employment can only be terminated if their function is assigned to a public servant further to a competition based on merit and on the grounds laid out in section 2.2.5.2.1 of Decree No. 1083 of 2015. The Committee also notes that, in accordance with Decree No. 1083 of 2015, admission to temporary posts does not generate career-related rights (section 2.2.1.1.3) and that the duration of the temporary appointment must be subject to budget availability (section 2.2.1.1.4). The Committee once again requests the Government to provide information on the measures adopted to ensure that the status and conditions of service of labour inspectors guarantee job security, in accordance with Article 6 of Convention No. 81 and Article 8(1) of Convention No. 129.

With regard to the number of inspectors occupying newly created posts, the Government reports that Decree No. 144 of 2022, provided for the creation of 355 posts for labour inspectors, for which 331 appointments had been made to date. The Committee notes that the Government does not provide information on the type of contract (temporary or definite) under which the 331 inspectors were appointed. It also notes that the Government does not provide information on the salary and benefits structure for labour inspectors, specifically in comparison with tax inspectors or police officers. The Committee once again requests the Government to provide information on the type of contract (temporary or indefinite) under which inspectors are employed, as well as information on their salary and benefits structure in comparison with tax inspectors or police officers.

Articles 11(1)(b), (2) and 15(a) of Convention No. 81 and Articles 15(1)(b), (2) and 20(a) of Convention No. 129. Transport facilities. Principle of the independence and impartiality of labour inspectors. In response to its previous comment, the Government indicates that, in practice, labour inspectors have not sought logistical assistance from employers in order to gain access to workplaces liable to inspection. The Committee requests the Government to provide information on consideration given to the amendment of section 3(2) of Act No. 1610 of 2013 with a view to excluding the possibility of labour inspectors seeking logistical assistance from employers or workers in order to gain access to workplaces liable to inspection.

With respect to the measures adopted to ensure the safety of labour inspectors working in regions where there may be public order issues, the Government reports that the unit under the Ministry of Labour responsible for the occupational safety and health (OSH) of public servants, including inspectors, is working on the procedures for the identification, classification and mitigation of public risk.

Lastly, in relation to the acquisition of vehicles for the labour inspection services, the Government reports that currently there are no plans to purchase vehicles, since there is an austerity package in place in the public sector which limits the possibility of acquiring this type of good. The Committee once again requests the Government to provide information on the results of the studies carried out on the transport for inspectors, as well as any progress in the development of the procedures for the identification, classification and mitigation of public risk for labour inspectors. In addition, the Committee expects trusts that the Government will adopt the necessary measures to ensure that labour inspectors have the transport means necessary for the performance of their functions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Adequate and effectively enforced penalties. Fines imposed and collected. In response to its previous comments on the reasons for the decrease in the number of administrative investigations launched, the Government indicates that since ruling No. C-165 of 2019 of the Constitutional Court, it is no longer necessary to initiate preliminary inquiries or administrative penalty proceedings prior to conducting a routine inspection; and that inspections under the annual inspection programme are no longer conducted in the context of preliminary inquiries.

With regard to the decrease in the number and amount of the penalties imposed, the Government indicates that during the period of the COVID-19 pandemic (2020, 2021 and part of 2022), the preventive tasks of inspectors were given priority over reactive inspections so as not to create more difficulties than employers already had as a result of the pandemic. With respect to the small proportion of fines collected in relation to fines imposed, the Government indicates that the fine collection enforcement unit of the Labour and Social Security Inspection, Monitoring and Control Strengthening Fund (FIVICOT) began operation on 1 January 2020 and that to date it has carried out 1,429 administrative enforcement procedures. The Government adds that currently, there is an increase in the proportion of fines collected in relation to fines imposed, reaching a total collection rate of 35 per cent compared with 100 per cent of the portfolio of outstanding fines.

The Committee also notes the information provided by the Government on: (i) the number of administrative proceedings launched between 2018 and 2022 (15,529 in 2018; 13,067 in 2019; 12,986 in 2020; 11,605 in 2021; and 9,923 in 2022); (ii) the penalties imposed during this same period (3,334 in 2018; 3,341 in 2019; 1,639 in 2020; 3,432 in 2021 and 3,372 in 2022); (iii) the penalties effectively enforced and amounts collected (1,408 in 2018; 1,422 in 2019; 786 in 2020; 1,669 in 2021; and 1,482 in 2022, to a total of 147,411,113,835 Colombian pesos); and (iv) unenforced penalties and the respective amounts (1,926 in 2018; 1,919 in 2019; 853 in 2020; 1,763 in 2021; and 1,890 in 2022, to a total of 241,038,319,060 Colombian pesos). The Committee requests the Government to continue to provide information on the number and nature of violations detected, the number and size of the penalties imposed, as well as on the fines effectively collected in relation to fines imposed and their respective amounts in the industry and agriculture sectors.

With respect to the actions adopted to improve the effective collection of fines, the Government indicates that: (i) the number of workers in the fine collection enforcement unit under FIVICOT has been increased; (ii) training is provided to workers on the procedures for the collection of fines; (iii) a digital interface platform was created between the Inspection, Monitoring and Control System (SISINFO) and the Information, Collection, Budget and Recovery System (SIREC) which has been in operation since 20 April 2023; and (iv) the fine collection enforcement unit under FIVICOT has started the procedures for the collection of fines in respect of completed administrative proceedings that had not been referred to it by the Directorate of Inspection, Monitoring and Control. In this respect, the Committee notes the observations provided by the CUT, the CTC and the CGT alleging that there is no realistic possibility of the financial penalties imposed by the Ministry of Labour being paid, which fosters impunity. The Committee requests the Government to transmit its comments in relation to the observations presented by the workers’ organizations. Further, the Committee requests the Government to continue to provide information on the measures adopted in order to improve the effective collection of the fines that have been imposed, and their impact on the actual collection of such fines.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes that the Government has not presented the annual report on the activities of the labour inspectorate. It notes that the 2022 quarterly bulletins on inspection, monitoring and control, published on the Ministry of Labour’s website, contain statistics on the enforced and unenforced penalties in the different economic sectors, including industry and agriculture. While noting the Government’s indication that as from the second half of 2023 thequarterly bulletins on inspection, monitoring and control cover all the matters required, the Committee requests the Government to provide information on the measures adopted to ensure that the annual reports of the labour inspectorate are regularly published and transmitted to the Office, and that they contain information on all the matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. With reference to the Government’s previous indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed, the Committee once again requests the Government to provide information on the consideration given to the ratification of this Part of the Convention.

Issues specifically concerning labour inspection in agriculture

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. In response to its previous comments, the Committee notes the Government’s information that the Ministry of Labour is implementing a special programme for the provision of mobile labour inspection, in order to deliver its inspection system to all regions throughout the country, with emphasis on rural areas.

In this respect, the Government reports that the Regional Directorate of Labour Inspection, Monitoring, Control and Management organized intervention plans under two operative models – comprehensive intervention and inspection brigades – which enables a consistent rapprochement between the Ministry of Labour, the employers and the workers, and includes the assistance of the mobile labour inspection over two days when services are provided relating to career guidance and inspection procedures; and fairs for inspection, monitoring and control services, and round tables with employers and workers to address work-related issues.

The Committee also notes the observations presented by the CUT, the CTC and the CGT, alleging that: (i) inspections in rural areas are not preventive but are rather information and training processes which are limited in their ability to enforce labour legislation; and (ii) labour inspection in the rural sector is inadequate for the total number of enterprises and workers in the country’s various regions. The Committee requests the Government to provide information on the measures adopted to increase the activities of the labour inspection services in the rural areas of the country, including information on the implementation of the mobile labour inspection strategy and the impact of its various components on compliance with the legal provisions in agriculture. It also requests the Government to provide detailed information on the number of reactive and preventive inspections conducted in this sector and the results of such inspections.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. With reference to its previous comments, the Committee notes the Government’s information relating to: (i) the number and nature of OSH violations recorded between 2018 and 2022; (ii) the number of penalties effectively applied in each of the country’s departments in this same period; and (iii) the number of occupational accidents and diseases recorded between 2019 and 2022 in the agriculture, livestock, hunting, forestry and fishing sectors, including the number of deaths of workers in these sectors. The Committee requests the Government to provide information on the number of measures ordered by the labour inspectors (amendments and prohibitions) to ensure the safety and health of workers in agriculture, in accordance with Article 18 of the Convention. It also requests the Government to continue to provide information on the number and nature of the OSH violations detected in agricultural enterprises, the number of penalties imposed, and the number of occupational accidents and diseases recorded in this sector.

Article 9(3). Adequate and further training. In response to its previous comments, the Committee notes the information provided by the Government on training delivered to labour inspectors in 2022, including the number of participants (1,261) and the subjects covered, which include the inspection protocols applicable in the flower growing, palm growing and sugar sectors, prevention and protection against labour hazards and gender-based violence in the workplace, administrative penalty proceedings and the graduation of penalties. It also notes the Government’s information on the composition, in accordance with Decision No. 4607 of 2022, of the Elite Group for Gender Equality, made up of labour and social security inspectors with specialization in conducting inspections with a gender perspective in order to ensure the labour rights of categories of vulnerable workers. The Committee notes this information which responds to its previous comment.

Article 17. Preventive control of new plants, new materials or substances and new methods of handling or processing products. Noting the absence of a reply from the Government in this respect, the Committee once again requests the Government to provide information on the measures taken in order to ensure that labour inspection services participate in the instances and the manner determined by the competent authority, in the preventive control of new plants, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety in agriculture. The Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations on the application of Conventions Nos 81 and 129 submitted jointly by the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), transmitted together with the Government’s reports. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2023.

Articles 3(1), 7(3), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 9(3), 11, 18, 19, 26 and 27 of Convention No. 129. Labour inspection functions in the area of occupational safety and health (OSH). Industrial accidents and cases of occupational disease. In relation to its previous comments, the Committee notes the Government’s indication that, in accordance with section 8 of Act No. 1610 of 2013 of the Labour Inspectorate, labour inspectors are empowered to order the closure of a workplace where there are conditions endangering the life, physical integrity and safety of the workers, without requiring the violation to be serious. However, the Committee notes that Decision No. 3029 of 2022 empowers the inspectors to order a prohibition or a stoppage in the event of serious and imminent risk (section 2(10)), while Article13(2)(b) of Convention No. 81 and Article18(2)(b) of Convention No. 129 empower labour inspectors to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious.

The Committee requests the Government to consider amending Decision No. 3029 of 2022 to ensure that labour inspectors are empowered to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious, in accordance with Articles 13(2)(b) of Convention No. 81 and 18(2)(b) of Convention No. 129.

With respect to the composition of the internal working groups on occupational risks inspection and their functions, the Government reports that these groups are composed of labour inspectors whose functions are set out in section 2 of Decision No. 3029 of 2022 and encompass inter alia the coordination and realization of inspection activities in application of OSH standards, assistance for workplaces in implementing actions to prevent industrial accidents and occupational disease, and interventions in the economic sectors with the highest rates of occupational accidents and diseases.

With regard to the high rate of accidents in the mining sector, the Committee notes that the Government indicates: (i) the number of occupational accidents and diseases recorded between 2019 and 2022 in the different economic sectors, including the number of deaths of workers; (ii) the number of fatal accidents of workers in the mining sector between 2005 and 2023, and the causes of the accidents, including explosions and contaminated environments inside the mines; and (iii) the number of preventive inspections in mines with the highest rates of accidents, and the provision of training for labour inspectors in the mining sector to strengthen activities to prevent occupational risk.

The Committee also notes that the CUT, the CTC and the CGT allege that during the course of 2022, 23 per cent of labour inspectors were adequately trained in OSH.

The Committee once again requests the Government to provide statistical information on the preventive measures taken by inspectors to: (i) to make or cause to make orders that alterations to the installation, plant, premises, tools, equipment or machines are carried out, within a specified time limit, as may be necessary to ensure compliance with the legal provisions relating to health or safety (alteration orders) (Article 13(2)(a) of Convention No. 81 and Article 18(2)(a) of Convention No. 129); and (ii) to make or cause to make orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health or safety of workers (Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129).

The Committee also requests the Government to provide information on the measures taken to continue providing OSH training to labour inspectors, as well as on the number of OSH inspections carried out in the mining sector and the results of such inspections.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors. Frequency of inspections. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspector posts (1,259) and the number of inspectors effectively assigned to a post, which rose by 335 inspectors between 2021 and 2022 (1,151 inspectors in 2022 compared to 816 inspectors in 2021) and their geographic distribution (144 inspectors fall under the Bogota D.C. regional directorate and the remainder under other regional directorates) and the number of vacant labour inspector posts (108). The Committee also notes that the number of labour inspections, including in the agricultural sector, rose from 7,194 in 2018 to 14,688 in 2022.

The Committee notes that the CUT, the CTC and the CGT allege that the number of labour inspectors has not been increased, which makes it difficult to conduct inspections and monitor compliance with labour standards.

While welcoming the increase in the number of inspectors and of inspections carried out, the Committee expects that the Government will continue to take appropriate measures to ensure that the number of labour inspectors is sufficient to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Discretion to give a warning or advice. Imposition of penalties. Discretionary powers of labour inspectors to give a warning or advice, instead of initiating legal proceedings. With reference to its previous comments, the Committee notes with interest the Government’s indication that Decision No. 772 of 2021, which establishes guidelines for the exercise of the preventive function in the form of prior notice, was derogated by Decision No. 4798 of 29 of November 2022.

Suspension or termination of administrative penalty proceedings. With reference to its previous comments, the Committee notes with interest the Government’s information that, in accordance with section 372 of Act No. 2294 of 2023, section 200 of Act No. 1955 of 2019 was repealed. This section empowered the Ministry of Labour to suspend or terminate administrative penalty proceedings for violation of labour standards, other than those relating to labour formalization. The Government also indicates that the power of the Ministry of Labour set out in section 200 above is not applied in practice.

With regard to the allegations of the CUT, the CTC and the CGT indicating that: (i) according to the 2022 quarterly inspection bulletins of the Ministry of Labour, 573 agreements were signed between the Ministry of Labour and several employers for the suspension and termination of administrative proceedings under section 200 of Act No. 1955 of 2019; and (ii) despite the repeal of section 200 above, the Ministry of Labour continues to generate such agreements under Decree No. 1368 of 2022, which regulates the operation of the agreements that were provided for in the repealed standard, the Committee requests the Government to provide its comments.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the General Confederation of Labour (CGT), received on 31 August 2018, the observations of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), received on 1 September 2018, as well as the joint observations of the CUT, CTC and CGT, communicated with the Government’s reports, on the application of Conventions Nos 81 and 129. The Committee also notes the Government’s comments, received on 16 November 2018, relating to the observations of the CGT, CUT and CTC of 2018.

Policy on labour inspection. The Committee notes that, according to the information available on the Ministry of Labour website, the Public Policy on prevention, inspection and monitoring 2020–2030 was adopted by Decision No. 345 of 2020, which seeks to contribute to respect for worker protections as well as the promotion of industrial peace and social justice and aims, inter alia, to consolidate the labour inspection system, incorporate a preventive approach in the inspection model, entrench freedom of association and collective bargaining rights and formalize employment relationships. The Committee requests the Government to provide detailed information on the implementation of this policy.

Articles 6 and 7(1) of Convention No. 81 and Articles 8(1) and 9(1) of Convention No. 129. Status and conditions of service assuring the stability of employment and independence of labour inspectors. Recruitment taking into account the skills of candidates. Further to its previous comments in this respect, the Committee notes that in its reports the Government: (i) indicates that recruitment to posts in public administration, including those of labour inspectors, is carried out through a public, open and merit-based competition, and that public officials selected in this manner acquire rights in the administrative career system once they complete a probation period (six months) following their appointment; (ii) reiterates that although inspectors recruited on a temporary basis enjoy relative job stability, in practice they are rarely dismissed and when they are it is for limited reasons; and (iii) provides information on the turnover of inspectors between 2015 and 2018, specifying that new appointments (307 in total) were made mainly to fill newly created posts or posts vacant after staff departures, (160 in total, for reasons related to voluntary retirement, retirement due to old age or disability, dismissal and death). The Committee notes that the Government does not provide information on the type and duration (temporary or indefinite) of the contracts under which active labour inspectors are employed.

In addition, the Committee notes the Government’s indication that labour inspectors’ salaries increased by 77 per cent between 2009 and 2016 and that no other public servants received a similar salary adjustment during that period. In this regard, the Committee observes that the Organisation for Economic Co-operation and Development (OECD) indicates, in Chapter 3 of its report, entitled OECD Reviews of Labour Market and Social Policies: Colombia 2022 (available in English only), that the Government continues to face challenges in the retention of inspectors, mainly because their salaries are not competitive in the labour market and their location in certain regions of the country is not attractive to some professionals.

With regard to the temporary employment of labour inspectors, the Committee recalls that this is in compliance with Article 6 of Convention No. 81 or with Article 7(1) of Convention No. 129, which provide that the status and conditions of service of inspection staff shall be such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the status of labour inspectors complies with the requirements of Conventions Nos 81 and 129. The Committee also requests the Government to provide information on the type and duration (temporary or indefinite) of the contracts under which inspectors are employed, specifying, as appropriate, the number of inspectors occupying newly created and/or vacant posts. Furthermore, the Committee requests the Government to continue providing statistics on the turnover of labour inspectors and to provide detailed information on their salary and benefits structure in specific comparison with those of other public servants performing similar functions (such as tax inspectors or police officers).

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 29. Preparation, publication and transmission to the ILO of annual labour inspection reports. The Committee notes, in response to its previous comments, the Government’s indication that: (i) SISINFO, which contains updated information on the activities of the labour inspectorate (in particular on preliminary inquiries and administrative disciplinary proceedings), was implemented in 2016 and its use has been mandatory for labour inspectorate officials since 2017; (ii) SISINFO does not yet contain sufficiently comprehensive information to draft, without a margin of error, the annual reports required for the Conventions; (iii) quarterly bulletins on inspection, monitoring and control containing general statistics on the functions, competencies and outputs of the labour inspection services are published on the Ministry of Labour website; and (iv) while the implementation of SISINFO is being strengthened, these bulletins will continue to be issued.

The Committee notes that the inspection, monitoring and control bulletins for the fourth quarter of 2018, 2019, 2020 and 2021 contain annual statistics on penalties (enforced and unenforced) imposed in all economic sectors, including agriculture, livestock, hunting, forestry and fishing. The Committee requests the Government to provide information on the steps taken, including in the context of SISINFO, to ensure that the inspection, monitoring and control bulletins continue to include annual statistics on penalties imposed and also cover the other matters referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, namely: (a) laws and regulations relevant to the work of the inspection service; (b) staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; (f) statistics of industrial accidents; and (g) statistics of occupational diseases.

Articles 22 to 25 of Convention No. 81. Labour inspection system in commercial establishments. Declaration by the Member State. The Committee notes the Government’s indication that the feasibility of ratifying Part II of this Convention, on labour inspection in commerce, is being analysed. The Committee requests the Government to provide information on any progress made in this respect and reminds it that, in accordance with Article 25(1) and (2) of Convention No. 81, any Member State which has excluded, by a declaration appended to its ratification, Part II from its acceptance of the Convention, may cancel that declaration, at any time, by a subsequent declaration.

Issues specifically concerning labour inspection in agriculture

The Committee notes the information provided by the Government in response to its previous comments concerning the Memorandum of Understanding signed in 2015 between the Government and the ILO to promote decent work in agriculture.

Article 3 of the Convention. Maintenance of a system of labour inspection in agriculture. The Committee notes that, in their observations, the GCT, CTC and CGT continue to refer in critical terms to the functioning of the labour inspectorate in agriculture, mentioning, in particular, the absence of a specialized system of labour inspection in the agricultural sector.

The Committee notes the Government’s indication in this respect that: (i) the labour inspection model in Colombia is generic and therefore does not vary in relation to the monitoring and control of agricultural enterprises; (ii) however, the distribution of labour inspectors in various locations around the country allows for the inspection of activities in the agricultural sector, and priority is given to inspections in the flower growing, palm growing and sugar sectors, among other critical sectors; (iii) since 2018, the labour inspectorate has been pursuing a strategy known as Mobile Inspection (IM) in order to deliver its array of services to all regions throughout the country, with emphasis on rural areas, by organizing inspection teams (consisting of working groups of employers, communities and/or local authorities on existing problems as well as promotional and informational activities), inspection services events and community awareness-raising and training workshops in rural municipalities; and (iv) in 2018, the internal working group for the protection of the labour rights of rural workers was established, in order to bring the central administration and the regions and remote areas closer together and to shape plans, programmes and projects for the effective protection of rural workers’ labour rights.

The Committee also notes that in its report on the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), the Government indicates that the function of IM in the rural sector is primarily preventive, but that if, during the course of its implementation, conduct by employers is observed that indicates a labour standards violation, the appropriate administrative proceedings are instituted. The Government also provides information on the number of municipalities and persons covered in the context of IM between 2018 and April 2022.

In their observations, the CGT, the National Employers’ Association of Colombia (ANDI) and the International Organisation of Employers (IOE) emphasize the implementation of IM. The employers’ organizations also underscore the emphasis of the labour inspectorate on the flower growing, palm growing and sugar sectors.

The Committee notes that the Government considers one of the challenges facing the labour inspectorate to be that of increasing its presence in the different rural areas of the country, and that it therefore broadly proposes to work in a tripartite manner in order to find solutions that will enable the staffing of municipal inspectorates to be strengthened and, also, the formalization of enterprises in rural areas.

The Committee requests the Government to provide updated and detailed information on the implementation of the Mobile Inspection strategy, as well as its impact on the functioning of labour inspection in agriculture.

Articles 6(1)(a) and (b), 18, 22 and 24. Preventive functions in the area of OSH in agriculture. Adequate and effectively enforced penalties. Further to its previous comments, the Committee notes that the Government refers to the following actions undertaken in the area of OSH in agriculture: (i) initial steps towards the establishment of a national committee on OSH in agriculture; (ii) conclusion of a cooperation agreement between the Ministry of Labour and the Ibero-American Social Security Organization in 2018 in order to undertake health promotion and prevention of occupational risks activities addressing vulnerable workers, including informal workers in the agricultural sector. The Committee requests the Government to indicate the role assigned to the labour inspectorate in the context of these measures. In addition, while taking note of the absence of information in response to its previous comments, the Committee requests the Government once again, with reference to its request concerning Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 120 (adequate and effectively enforced penalties; discretion to give a warning or advice), to provide disaggregated information on the number and nature of OSH violations detected in agricultural enterprises, as well as the penalties imposed.

The Committee also requests the Government to refer to its comments on Articles 3(1), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 11, 18, 19, 26 and 27 of Convention No. 129 (labour inspection functions in the area of occupational safety and health (OSH); industrial accidents and cases of occupational disease).

Article 9(3). Adequate and further training. Further to its previous comments on the training of labour inspectors in matters related to work in agriculture, the Committee notes the Government’s indication that: (i) the resources available for training increased by 41 per cent between 2016 and 2017 and 52 per cent between 2017 and 2018; and (ii) in 2017, the internal working group for the management of training and analysis of labour inspection, which is responsible for organizing, directing and evaluating the necessary arrangements for training activities addressing labour inspectors and other public employees in areas related to inspection, was established in the Ministry of Labour. Furthermore, the Committee notes that, according to the information available on the Ministry of Labour website, the internal working group for the protection of the labour rights of rural workers, established in 2018, is required to coordinate with the competent authorities to organize training, information and refresher events aimed at building the skills of actors in the labour inspection system in respect of labour inspection in rural areas.

The Committee also notes the information provided by the Government on the training courses provided to labour inspectors in 2021, including the number of participants and the topics addressed, which include prevention and protection against occupational hazards, as well as the inspection protocols applicable to the flower growing, palm growing and sugar sectors, among others. In addition, the Committee notes the Government’s proposal to explore, in a tripartite manner, solutions that would allow the development of thematic inspection protocols, targeting specific groups, that include a gender approach and other approaches to diversity. The Committee requests the Government to provide information on any measures adopted in this respect, as well as on their results.

Article 17. Preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Further to its previous comments, the Committee notes the Government’s indication that in 2015 and 2017, standards were adopted regarding the OSH management system that employers or contractors are required to implement and that in 2018, a technical guide was being prepared on the implementation of this system in the agricultural sector, without reference to measures taken to give effect to Article 17 of Convention No. 129. The Committee requests the Government to provide information on the measures taken or envisaged in order to ensure that labour inspection services participate, in the instances and the manner determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in agriculture. In this respect, the Committee requests the Government to refer to the guidance provided in paragraph 11 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) supplementing Convention No. 129, on the instances and conditions in which such participation could be envisaged.

[The Government is asked to reply in full to the present comments in 2023.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comments on Convention No. 81: observation and direct requestPrevious comments on Convention No. 129: observation and direct request

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), received on 1 September 2018, as well as the joint observations of the CUT, CTC and the General Confederation of Labour (CGT), communicated with the Government’s reports, on the application of Conventions Nos. 81 and 129. The Committee also notes the joint observations from the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI), received on 31 August 2018, the observations of the IOE, received on 31 August 2022, and the observations of the ANDI, communicated with the Government’s reports, on the application of Conventions Nos. 81 and 129. In addition, the Committee takes note of the Government’s comments, received on 16 November 2018, relating to the observations of the CUT, CTC, IOE and ANDI of 2018.

Further to its previous comments, the Committee notes the Government’s comments on the previous observations of the CTC, CGT, CUT, IOE and ANDI, received in 2015, on the application of Conventions Nos. 81 and 129.

Articles 3(1), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 11, 18, 19, 26 and 27 of Convention No. 129. Labour inspection functions in the area of occupational safety and health (OSH). Industrial accidents and cases of occupational disease. The Committee notes the Government’s indication in its reports that, pursuant to Decisions No. 3029 and 3233 of 2022, internal working groups on occupational risks inspection were established in various territorial directorates and special offices in order to strengthen inspection in this domain. The Committee notes that, according to the aforementioned decisions, each group must include at least four officials, including a coordinator who must hold a valid licence for the design, administration and implementation of OSH management systems, as well as having had the necessary training in this regard. Furthermore, the Committee notes that the functions of each group include monitoring and supervising the application of OSH standards and ordering the immediate cessation of work in the event of failure to comply with the rules on the prevention of occupational hazards if there is a serious and imminent danger to the safety or health of the workers, until the failure is resolved. In respect of the latter function, the Committee recalls that Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129 empower labour inspectors to adopt measures with immediate executory force, which may go as far as halting work, in the event of imminent danger to health or safety, without requiring the danger to be serious. Accordingly, the Committee requests the Government to take the necessary steps to amend Decisions Nos. 3029 and 3233 of 2022 in order to ensure that they are consistent with these provisions of the Conventions.

In addition, the Committee requests the Government to describe the composition of the internal working group on occupational risks inspection, and to specify whether the inspectors in that group perform only the functions assigned to it.

The Committee also requests the Government to provide information on the application in practice of the aforementioned decisions. In particular, the Committee requests the Government to provide statistical information on the preventive measures taken by inspectors: (i) in order to eliminate defects in workplaces (including in connection with the use of hazardous materials and substances in agriculture) which they may have reasonable cause to believe constitute a danger to the health or safety of workers (Article 13(1) of Convention No. 81 and Article 18(1) of Convention No. 129); (ii) to make or cause to make orders that such alterations to the installation, plant, premises, tools, equipment or machines are carried out, within a specified time limit, as may be necessary to ensure compliance with the legal provisions relating to health or safety (Article 13(2)(a) of Convention No. 81 and Article 18(2)(a) of Convention No. 129); and (iii) to make or have made orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health or safety of workers (Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129).

Noting that the CGT refers, in its observations, to a high rate of accidents in the mining sector and that the quarterly bulletins on inspection, monitoring and control do not contain relevant information, the Committee requests the Government to provide annual statistics, disaggregated by sector, on occupational accidents, including their causes, as well as on occupational diseases, including their causes.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions of labour inspectors. The Committee notes that the Government indicates that by Decision No. 3445 of 2021, the Ministry of Labour, territorial directorates, special offices and labour inspectorates were assigned new responsibilities with regard to inspections, as well as conciliation and assistance to citizens. The Government also refers to Decision No. 1043 of 2022 which details the remit of assistance to citizens. The Committee notes that these decisions provide for the establishment of different internal working groups for inspection, conciliation and/or assistance to citizens in various units of the Ministry of Labour.

With regard to its previous comments on assistance to citizen services, the Committee notes the Government’s indication that such services: (i) are concentrated in the aforementioned assistance to citizen groups of territorial directorates and special offices; (ii) seek to supply technical information and advice to employers and workers on the most effective means of compliance with the legal provisions; and (iii) also include the issuance of authorizations, approvals and certificates and the administration of registrations and deposits provided for in the relevant legislation.

Further to its previous comments on conciliation functions, the Committee notes the Government’s indication that these functions: (i) do not affect labour inspectors’ activities relating to the management of inspections, monitoring and control of labour standards; and (ii) can be carried out not only by inspectors but also by regional and local representatives of the Office of the Ombudsperson, agents of the Public Prosecutor’s Office dealing with labour issues (procurators delegated to labour courts) and, failing all of the above, by civil or mixed municipal judges, pursuant to section 28 of Law No. 640 of 2001.

The Committee notes that, in their observations, the CTC, CUT and CGT mention: (i) that labour inspectors are not performing their advisory function on labour matters sufficiently; and (ii) that they could be performing their conciliation function by reducing their preventive, investigative, disciplinary and advisory function. The Committee notes that the Government finds the position of workers’ organizations in respect of the first question difficult to understand and acknowledges that they have previously indicated that they disagree with the assistance to citizen service functions entrusted to inspectors.

Lastly, the Committee notes that, according to the statistics contained in the quarterly bulletins on inspection, monitoring and control, in 2021 the labour inspectorate dealt with a total of 17,080 conciliations and 96,764 consultations in the context of assistance to citizens.

The Committee requests the Government to take the necessary steps to ensure that labour inspectors are primarily responsible for securing compliance with the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and, therefore, to consider entrusting the functions of conciliation and assistance to citizens (with the exception of those aimed at supplying technical information and advice to employers and workers on the most effective means of complying with the legal provisions) to other units authorized in this regard. The Committee requests the Government to provide information on these measures.

With reference to Decisions Nos 3445 and 1043 adopted in 2021 and 2022, respectively, the Committee requests the Government to describe the composition of the internal inspection, conciliation and assistance to citizen groups, indicate the precise number of labour inspectors and other officials involved in these groups, and specify whether the inspectors involved perform only the functions assigned to the group to which they are attached. The Committee also requests the Government to provide detailed information on the time and resources allocated by inspectors to assistance to citizens and allocated to conciliation activities, and on the combined amount of such time and resources as a percentage of the time and resources allocated by inspectors to the discharge of their primary functions, as envisaged under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors. Frequency of inspections. Further to its previous comments on the filling of vacant labour inspector posts and the assignment of inspectors to regions outside the capital, the Committee notes the Government’s indication that: (i) in 2016, a competition was held to fill vacant posts in the public administration career system permanently, including labour inspector posts; (ii) there were 904 inspector posts in 2018 and 355 new posts were created in 2021; and (iii) there were 866 active inspectors in 2019 and 816 in 2021, specifying their geographical distribution at the national level (117 inspectors in the territorial directorate of Bogota D.C. and the remainder in other directorates and special offices). The Committee notes that the Government does not provide updated information on the number of existing labour inspector posts or on the number that remain vacant.

In addition, in response to its previous comments on the number of inspections undertaken, including the decrease in that number in previous years, the Committee notes the Government’s indication that: (i) between 2011 and 2014, the total number of inspections carried out decreased both because the activities of the labour inspectorate focused on critical sectors of the economy (specifically, on mining, ports, flower growing, palm growing and sugar) and on detecting situations of unwarranted use of labour intermediation and also because additional formalities were introduced to the legislation on administrative procedure regulating these activities in 2012 and the procedure therefore takes longer to complete; and (ii) the number of inspections was 7,289 in 2015, 6,351 in 2016, 5,445 in 2017 and 762 in the first quarter of 2018. The Committee notes that the Government does not provide information on the number of inspections carried out subsequent to the latter date nor does it indicate the number of inspections that took place in agricultural enterprises.

Furthermore, the Committee notes that, in their observations, the CTC, CUT and CGT consider the number of labour inspectors to be insufficient and, in addition, indicate that the 355 new labour inspector positions are currently vacant. The Committee notes the Government’s indication, in this regard, that the number of inspectors has been gradually increasing in recent years, which has resulted in their greater presence throughout the country, and that although the number of posts should remain under constant review, any adjustment must be made in accordance with the relevant technical and budgetary considerations.

The Committee requests the Government to adopt the necessary measures to ensure that the number of labour inspectors is sufficient to guarantee that establishments are inspected as often and as thoroughly as necessary in order to ensure the effective application of the relevant legal provisions.

The Committee also requests the Government to provide updated information on: (i) the number of labour inspector posts, specifying how many are currently occupied by active inspectors and their geographical distribution, as well as any measures taken or envisaged to fill the vacant posts; and (ii) the number of inspections carried out annually, disaggregated by sector.

Articles 11(1)(b), (2) and 15(a) of Convention No. 81 and Articles 15(1)(b), (2) and 20(a) of Convention No. 129. Transport facilities. Principle of the independence and impartiality of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that: (i) the Constitutional Court declared inadmissible a constitutional claim filed in 2015 by the Ministry of Labour in respect of section 3(2) of Law No. 1610 of 2013, which allows labour inspectors to seek logistical assistance from employers or workers, where conditions on the ground so require, in order to access workplaces liable to inspection; (ii) the Ministry of Labour gave instructions to inspectors to refrain from applying the aforementioned provision until the matter was properly resolved; (iii) inspectors travel in vehicles supplied by the Ministry of Labour in order to provide their services in rural areas; and (iv) labour inspectors are entitled to reimbursement of the full cost of transport and the transport expenses that they incur in accordance with Circular No. 12 of 2018, which reorganized the distribution of the budget of territorial directorates with a view to ensuring that inspectors have all necessary financial resources to discharge their functions.

The Committee notes that, in their observations, the CTC, CUT and CGT: (i) indicate that labour inspectors are not independent with regard to transport, since the necessary resources may be provided by trade unions or by employers; (ii) note that because Colombia has inaccessible rural areas, many of which are war-torn, inspections are difficult when inspectors do not have reliable access to vehicles or security measures; (iii) consider that the Government should provide information on the vehicles, among other resources, available to inspectors, in order to determine if they are sufficient. The Committee further notes that under the Public Policy for the prevention, inspection, monitoring and control of labour 2020–2030, it is envisaged that each region will carry out a transport study so that the minimum costs associated with the performance of labour inspection functions, including inspections, can be established in order to assign an appropriate budget.

The Committee urges the Government, in the interest of legal certainty, to consider amending section 3(2) of Law No. 1610 of 2013, with a view to excluding the possibility of labour inspectors seeking logistical assistance from employers or workers in order to gain access to workplaces liable to inspection. The Committee also requests the Government to indicate whether, in practice, inspectors are in fact disregarding the aforementioned provision, and to provide information on the percentage of inspection visits carried out using transport facilities provided by employers or workers. Furthermore, the Committee requests the Government to provide information on any study conducted relating to transport for inspectors, the findings and the actions taken or envisaged in this regard. In addition, the Committee requests the Government to provide information on any measures adopted or envisaged to ensure the safety of inspectors performing functions in regions where law and order could pose a problem.

Lastly, the Committee once again requests the Government to provide information on progress made with regard to the purchase of vehicles for labour inspection services and to describe the availability of means of transport in the different territorial labour inspection services.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Adequate and effectively enforced penalties. Discretion to give a warning or advice. 1. Fines imposed and collected. Further to its previous comments on the body responsible for the collection of fines, the Committee notes that, according to the information provided by the Government, fines imposed by the labour inspectorate prior to 1 January 2020 continue to be collected by the National Apprenticeship Service (SENA) and incorporated in its budget, and fines imposed from that date are collected by the debt enforcement group of the legal advisory office of the Ministry of Labour and allocated to the Labour and Social Security Inspection, Monitoring and Control Strengthening Fund (FIVICOT), established in 2019 under section 201 of Law No. 1955 of 2019 (approving the National Development Plan 2018–2022), as a special State account, without legal personality, attached to the aforementioned Ministry. FIVICOT resources will be used to strengthen labour and social security inspection, monitoring and control functions.

Further to its previous comments on progress made in the effective collection of fines imposed, the Committee notes the Government’s indication concerning activities carried out between 2015 and 2018 to improve the collection of fines allocated to the SENA, including the use of precautionary measures in collection procedures, the submission by the SENA of monthly reports to the Ministry of Labour on the management of fine collection at the national level and the introduction of a process linking the Ministry of Labour’s Inspection, Monitoring and Control System (SISINFO) and the SENA’s Information, Collection, Budget and Recovery System (SIREC), which will allow enforced penalties to be transferred directly to the SENA.

In their observations, the CTC and CUT indicate that there are consistently more unenforced than enforced penalties, that there are delays in the resolution of administrative sanctioning proceedings, that the Ministry of Labour forwards the decisions handed down in these proceedings to the SENA with unjustified delay and that the effectiveness of the SENA in the collection of fines is low. The Government indicates in this regard that: (i) unenforced penalties are not payable pending appeals against them, but will be collected once the appeals are resolved and the penalties become final; (ii) in order to comply with the terms of the resolution procedures for which the labour inspectorate has responsibility, these procedures have been clearly defined, a manual on the functions and competencies of inspectors was adopted in 2018, and inspectors have received training on compliance with the procedural terms; and (iii) the effectiveness of the SENA with regard to the collection of fines increased from 32 per cent in 2013 and 56 per cent in 2015 to 77 per cent in 2017.

Further to its previous comments on statistics relating to violations detected, penalties imposed and the collection of penalties, the Committee notes the information provided by the Government for the period 2018–2021 in connection with: (i) the number of administrative investigations launched by the labour inspectorate; (3,056 in 2018, 2,584 in 2019, 1,376 in 2020 and 2,006 in 2021); (ii) the number of penalties (enforced and unenforced) imposed in all economic sectors (3,334 in 2018, 3,341 in 2019, 1,639 in 2020 and 3,432 in 2021), including in the agricultural sector (94 in 2018, 107 in 2019, 49 in 2020 and 135 in 2021), with disaggregated information on sugar cane, palm and flower industries; (iii) the total value of the aforementioned fines (124,458,958,537 Colombian pesos (COP) in 2018 and COP67,071,024,937 in 2021), including in the agricultural sector (COP5,305,600,134 in 2018 and COP2,210,211,035 in 2021), as well as with disaggregated information on the aforementioned industries; and (iv) the amount of the fines collected (COP15,157,812,093 in 2018 – collected by the SENA – and a total of COP6,561,296,813 in 2021 – collected by the SENA for FIVICOT). The Committee notes that the Government has not provided the statistics requested on either the number or the nature of the violations giving rise to all of the penalties imposed.

Furthermore, on the basis of the above information, the Committee notes that during the period 2018–21, while the total number of penalties increased in 2021 (after having decreased between 2018 and 2020 by approximately 50 per cent), the number of administrative investigations launched decreased by approximately 34 per cent, the amount of fines imposed decreased by approximately 45 per cent, and the amount of fines collected decreased by approximately 55 per cent; and that the proportion of fines collected to fines imposed was approximately 12 per cent in 2018 and approximately 10 per cent in 2021. In this respect, the Committee notes the indication in Chapter 3 of OECD Reviews of Labour Market and Social Policies: Colombia 2022 that the decrease in sanctioning procedures and the consequent reduction in the number of penalties imposed by the labour inspectorate are the result of its shift in focus from reactive to preventive visits, which currently account for roughly 80 per cent of all inspections. The Committee requests the Government to provide detailed information on the reasons for the decrease in the number of administrative investigations launched, and the numbers and amounts of penalties imposed, as well as information on the low proportion of fines collected in relation to fines imposed.

The Committee also requests the Government to provide updated information on the number and nature of violations detected, as well as on the penalties imposed and the matters concerned, including the size of the fines applied and collected, disaggregated by sector. Furthermore, the Committee requests the Government to continue providing information on the steps taken in order to improve the effective collection of fines, both with regard to the SENA and FIVICOT, including information on the state of progress of the interlinkage between SISINFO and SIREC and its impact on the collection of fines.

2. Discretion of labour inspectors to give warning or advice. The Committee notes that the Government reports the adoption of Decision No. 772 of 2021, which establishes guidelines for the exercise of the preventive function in the form of prior notice, with a view to further developing this function entrusted to labour inspectors under section 3(1) of Law No. 1610 of 2013. The Committee notes that, according to the information provided by the Government, this preventive function: (i) requires inspectors to carry out more information and awareness-raising work in relation to workers and employers; (ii) empowers inspectors to take steps to ensure compliance with workers’ rights and avoid possible disputes between workers and employers, such as, for example, by the promotion and approval of a compliance and improvement plan with corrective and preventive measures agreed by the employer and the workers; (iii) is performed by inspectors automatically or in response to a complaint about an alleged violation of workers’ rights and before carrying out preliminary inquiries or initiating administrative sanctioning proceedings, without being a prior stage for these; (iv) does not seek to establish whether a violation has been committed (feasible only under administrative penalty proceedings), which is why the worker and employer concerned are not deemed parties; and (v) ceases to be exercised when the case is transferred to the competent authority, is archived having been expressly withdrawn by the complainants or when a preliminary investigation or administrative sanctioning proceedings are instituted when the inspectors deem that the events at issue in the proceedings have not been resolved and constitute a violation of labour standards. The Government indicates that the exercise of the preventive function under the above conditions aims to provide a prompt and timely response to claims of labour rights violations, as well as to rationalize the use of resources by avoiding the precipitous launch of preliminary inquiries or institution of administrative sanctioning proceedings.

In their observations, while the CTC, CUT and CGT express the wish that the activities of the labour inspectorate should centre on education and prevention, they also refer to the lack of information from the Government on the number of preventive actions taken, as well as the impact of such actions on reducing labour rights violations or promoting labour rights. In this regard, the Committee notes that section 11 of Decision No. 772 provides that actions taken in performance of the preventive function must be recorded on a digital platform in order to facilitate their monitoring and control.

In connection with the discretion of labour inspectors to give warning or advice, the Committee deems it useful to recall that the discretion provided for in this regard in Article 17(2) of Convention No. 81 and Article 22(2) of Convention No. 129 implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill-will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning. The Committee requests the Government to provide information on the application in practice of the preventive powers of labour inspectors provided for in Decision No. 772 of 2021, specifying the cases in which labour inspectors may take such actions and the number of actions taken (as a percentage of total inspection activities). In addition, the Committee requests the Government to indicate the measures taken to monitor and control these preventive actions, as well as their outcomes.

3. Suspension or termination of administrative sanctioning proceedings. The Committee notes that section 200 of Law No. 1955 of 2019 empowers the Ministry of Labour to suspend or terminate administrative sanctioning proceedings for violation of labour standards, other than those relating to the formalization of labour, by means of an agreement with the employers under investigation, provided that they recognize their failure to comply with the relevant labour standards and undertake to implement corrective measures within one year through an improvement plan which must be approved by the Ministry of Labour. Once the improvement plan is fully implemented, the administrative sanctioning procedure is terminated. With regard to the imposition of penalties, the provision in question stipulates that: (i) if the agreement between the Ministry of Labour and the employers concerned is concluded at the preliminary inquiries stage, no penalty shall be applied; (ii) if it is concluded between the filing of charges and the presentation of pleadings, the penalty shall be reduced by half; (iii) if it is concluded between the evidentiary stage and the submission of allegations, the penalty shall be reduced by one third; (iv) the penalty shall not be reduced in the event that the employer repeats the violations; and (v) if the improvement plan is not complied with, the suspension shall be lifted and the remaining stages of the procedure shall continue, without any reduction of the penalty. The Committee requests the Government to provide information on the application in practice of the power provided for in section 200 of Law No. 1955 of 2019, to specify the officers authorized to exercise it and the circumstances under which they may do so and to indicate the number of administrative sanctioning proceedings suspended or terminated pursuant to the exercise of that power (as a percentage of total current sanctioning proceedings). The Committee also requests the Government to provide a copy of any supplementary regulations adopted by the Ministry of Labour pursuant to the aforementioned provision.

In addition, the Committee notes that, in their observations, the CTC, CUT and CGT contend that the aforementioned provision does not provide for: (i) the participation of the workers or workers’ organizations concerned in the conclusion, implementation and monitoring of agreements to suspend sanctioning proceedings or in the associated improvement plans; or (ii) redress for harm caused to workers or their representatives by the conduct under investigation. These workers’ organizations consider that this situation poses a risk of impunity and the possibility of concluding agreements that do not adequately protect the rights of workers who have filed complaints the investigation of which may eventually be suspended or terminated. The Committee requests the Government to provide its comments in this respect.

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

[The Government is asked to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s indication in reply to its request for information on instances of threats against labour inspectors and on the response to them that there have been no cases where the physical safety of labour inspectors during inspections in agricultural undertakings has been endangered. It also notes the observations made by the Confederation of Workers of Colombia (CTC) received by the Office on 29 August 2015, which confirm this.

Articles 6(a) and (b), 18, 19(2), 22 and 24 of the Convention. Preventive and control activities concerning the application of occupational health and safety conditions in agriculture. The Committee previously noted a high incidence of occupational accidents and diseases in agriculture in the undertakings affiliated to the social security system of occupational risks, it requested information on the preventive measures taken by labour inspectors to ensure the safety and health of workers, as well as the involvement of labour inspectors in the investigation of occupational accidents and diseases.

The Committee notes the Government’s reference in its report to the powers contained in legislation permitting labour inspectors to make orders with immediate executory force, in the event of conditions that constitute a risk to the safety of workers, including those provided for in Decree No. 0472 of March 2015. This Decree also anticipates that an enterprise might be permanently closed in the event of repeated violations. The Committee further notes that the Government provides general information on the investigations undertaken in the agricultural sector (350 in 2013 and 171 in 2014), but does not provide the requested information on the number and nature of preventive measures ordered.

In this regard, the Committee notes the information in the 2013 annual report on the work of the labour inspection services that 14.86 per cent of all occupational accidents related to the agricultural sector, and that the rate of occupational disease in agriculture was the highest among all sectors. It also notes from the same report that only 309,688 workers in the agricultural sector are affiliated to the social security system covering occupational accidents and diseases, whereas the workforce in this sector is 3.55 million. It notes that one of the objectives in a Memorandum of Understanding signed in June 2015 between the ILO and the Government to promote decent work in agriculture concerns the extension of the coverage of social security, including occupational risks. It finally notes from the statistics provided in the Government’s report that in 2014, only six sanctions were imposed for non-compliance with requirements in the area of occupational safety and health. The Committee requests the Government to provide detailed information on the nature and number of preventive activities ordered by labour inspectors to ensure the safety and health of workers in agriculture (including the number of cases in which the stoppage of work or the closure of enterprises was ordered). It requests the Government to continue to provide information on the penalties imposed (including the legal provisions to which they relate).

Article 15(1)(b). Transport facilities. In its previous comment under Convention No. 81, the Committee noted the Government’s commitment to improve the financial resources of the labour inspectorate and its indication that a special budget in the amount of 539,657.906 Colombian pesos (COP), approximately US$259,613, had been assigned for transport facilities and travel expenses. It also noted the observations of the Single Confederation of Workers of Colombia (CUT) under Convention No. 81, according to which labour inspection remained focused on urban areas.

The Committee notes the Government’s indication in its report that it has embarked on a procurement procedure to provide the labour inspection services with adequate transport facilities, dependent upon the needs in different regions of the country. The Committee also notes the Governments indications that, in view of the current limitations of the material resources, funds will be sought from the National Planning Department for a project which should enable labour inspectors to reach remote areas of the country, most of which are in rural zones. The Committee requests the Government to provide information on the measures taken to improve the transport facilities of the labour inspection services, including the progress made with the purchase of vehicles. Please also describe the availability of transport facilities in the different territorial services of the labour inspection services.

Article 17. Association of the labour inspection services in agriculture in preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety of workers. The Committee notes that the Government, in reply to its previous requests on the effect given to the above Article in law and practice, once again refers to the preventive powers of labour inspectors in the national legislation in the event of an imminent risk to the safety and health of workers, including the powers of the territorial directorates to order the suspension of activities. The Committee recalls that Article 17 concerns the preventive control of new plant, new materials or substances and new methods of handling or processing products. The provisions referred to by the Government appear to concern measures that may be taken after a plant has already entered into operation, after materials or substances are already being used, and after the methods of handling or processing products are already in place. The Committee once again requests the Government to ensure that steps are taken to give effect both in law and in practice to this provision of the Convention.

Articles 26 and 27. Annual report containing information on the work of the labour inspection services in agriculture. The Committee notes that the 2013 annual report on the work of the labour inspection services also contains information on the work of the labour inspection services in the agricultural sector, including statistics of the number of workers employed in agricultural undertakings, statistics of inspection visits and statistics of occupational accidents and diseases (without indicating their causes). The Committee notes that statistics concerning violations and penalties imposed were not included in the 2013 annual report, but that such statistics are provided by the Government in its report. It notes that the 2014 annual report on the work of the labour inspection services has not yet been received. The Committee hopes that the 2014 annual labour inspection report will soon be received at the ILO, and trusts that future reports on the work of the labour inspection services in agriculture will be published and regularly communicated to the ILO, either separately or as part of the general annual report on the activities of the labour inspection services, and that they will contain information on all the subjects covered by Article 27(a)–(g).

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Confederation of Workers of Colombia (CTC) received on 29 August 2015 and the observations made by the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), both received on 2 September 2015. It also notes the joint comments made by the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 1 September 2015. The Committee requests the Government to provide its comments in relation to these observations.

The Committee notes the Government’s reference to the signature of a Memorandum of Understanding in June 2015 between the ILO and the Government to promote decent work in agriculture, through the formalization of labour relationships, the promotion of employment and the promotion of compliance with fundamental principles and rights at work. The Committee requests the Government to provide information on the steps taken to implement the objectives of the Memorandum of Understanding, and the role of the labour inspection services in agriculture in this regard.

Articles 1–27 of the Convention. Effective functioning of the labour inspection system in agriculture. In its previous comments, the Committee urged the Government to introduce the necessary measures to strengthen the labour inspection services in agriculture.

The Committee notes the Government’s reference in its report to a number of measures that have resulted in the strengthening of the labour inspection system as a whole, including in agriculture. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the progress made in several areas concerning labour inspection, which also affect the application of this Convention. They include, in particular: the increase in the number of labour inspectors from 530 in August 2013 to 826 in September 2015 (Article 14); the efforts made to improve the financial resources of the labour inspectorate and the allocation of a special budget for transport facilities and travel expenses (Article 15); the measures to improve the effective enforcement of sufficiently dissuasive sanctions for labour law violations, including through the training of labour inspectors in this regard (Articles 22 and 24); and the publication and communication to the ILO of the 2013 annual report on the work of the labour inspection services which also contains information on the work of the labour inspection services in agriculture (Articles 26 and 27). The Committee further notes from the statistics provided in the 2013 annual labour inspection report that, of the 10,438 labour inspection visits undertaken in 2013, 523 labour inspection visits were undertaken in the agricultural sector (including livestock production and fishing). It also notes the number of formalization agreements concluded (six agreements benefiting 284 workers) since the initiation of the formalization policy of the Government, and the sanctions imposed for illegal forms of labour subcontracting in 2014.

The Committee notes that the Government has not replied to the previous observations of the CUT concerning the insufficient number of labour inspectors and labour inspections in rural areas to cover agricultural enterprises (Articles 14 and 21), the focus on conciliation of labour disputes in rural areas rather than the conduct of actual inspection visits, and the lack of administrative support staff (Article 6(3)); the lack of training concerning the specific risks involved in agricultural work to effectively protect the rights of workers (Article 9); and the lack of adequate premises and resources in the regions, including the lack of transport facilities to undertake inspections at remote farms (Article 15). The Committee recalls that, in accordance with Article 6(3), any further duties which may be entrusted to labour inspectors in agriculture shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary for inspectors in their relation with employers and workers.

The Committee requests the Government to provide information on the specific steps taken to improve the effective functioning of the labour inspection system in agriculture (including the allocation of labour inspectors in regions outside capital areas, the recruitment of administrative staff, the training of labour inspectors in agriculture, etc.). It requests the Government to take measures to ensure that labour inspectors focus principally on the inspection of workplaces and on taking the necessary action. In this regard, the Committee also requests the Government to consider entrusting the function of conciliation to another body, and to provide information in this regard. The Committee also requests the Government to provide detailed information on the activities of the labour inspection services in agriculture as of 2014 (including the number of inspection visits carried out, the number of violations detected and the penalties imposed in this sector including the legal provisions to which they relate, etc.) and to include this information in the annual report on the work of the labour inspection services in agriculture.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation the Committee also draws the Government’s attention to the following points.

Physical safety of labour inspectors during inspections in agricultural undertakings. With reference to its previous comments, the Government indicates that the country has a protection programme in place as part of the defence policy and guarantees for vulnerable groups, implemented by Decrees Nos 4912 of 2011 and 1225 of 2012, and that this framework enabled the necessary protection to be provided to the Regional Directorate of the department of Valle when it received threats for carrying out its duties. The Government also states that whenever the Ministry has learned of threats against any labour inspector, it has immediately alerted the national police with a view to protecting the inspector concerned and in some cases has even transferred the inspector and his or her family, while respecting his or her labour rights. Furthermore, section 1 of the Police Code provides that one of the functions of this body is to ensure the security of the country’s inhabitants, including the administrative authorities. The Committee would be grateful if the Government would provide detailed information on instances of threats against labour inspectors, and on the inquiries and legal proceedings initiated in response, indicating the penalties imposed on the offenders.

Articles 18 and 19(2) of the Convention. Monitoring of occupational health and safety conditions and powers of injunction of labour inspectors. The Committee notes with concern the high incidence of employment accidents and cases of occupational disease in agriculture affecting undertakings affiliated to the system of occupational risks. In 2011, these accidents rose to a total of 86,573, of which 46,669 were treated as “presumed accidents” and 40,904 as “certified employment accidents”. For the first half of 2012, these accidents rose to a total of 53,347, of which 22,596 were considered “presumed accidents” and 31,151 “qualified labour accidents”. Regarding cases of occupational disease occurring in affiliated undertakings, a total of 2,391 cases were recorded in 2011, of which 1,395 were deemed “presumed occupational diseases” and 996 “qualified occupational diseases”. In the first half of 2012, a total of 1,366 diseases were recorded, of which 671 were considered “presumed occupational diseases” and 595 “certified occupational diseases”. The Committee requests the Government to provide information, supported by figures, on the exercise in agricultural undertakings by labour inspectors of the powers provided for in Article 18(2) of the Convention with a view to making or having made orders, as the case may be, requiring measures within a specified time limit to secure compliance with the legal provisions relating to health or safety (paragraph 2(a)) or with immediate executory force in the event of imminent danger to health or safety. The Committee also requests the Government to specify how practical effect is given to Article 19(2) of the Convention, under which, where possible, labour inspectors shall be associated with any enquiry on the spot into the causes of the most serious occupational accidents or cases of occupational disease, particularly of those which affect several workers or have fatal consequences. The Committee would be grateful if the Government would provide a copy of any legislative texts or regulations adopted in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee refers the Government to its observation under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

The Committee takes note of the Government’s report and the new comments from the Single Confederation of Workers (CUT) dated 31 August 2012, forwarded to the Government on 13 September 2012. The comments refer for the most part to matters already raised by the Committee, including the number of inspectors, their training, the number of visits to agricultural undertakings (212 in 2011, i.e. far too low to cover the 3,567,000 workers employed in this sector), the independence and autonomy of inspectors, the lack of transport facilities suited to the performance of inspection duties in remote farms, the lack of secretaries or auxiliaries and technical teams for the preventive control required by Article 17 of the Convention, and the lack of information on labour inspection in agriculture in the Ministry of Labour’s reports. The Committee asks the Government to make any comments it deems appropriate in relation to the observations made by the CUT.

Articles 6(1)(a), 14, 21 and 24. Supervisory function of the system of labour inspection in agriculture, frequency and scope of inspection visits and adequate and effectively applied sanctions. The Committee notes the information from the Government that the Ministry of Labour devised a plan of inspection visits specifically targeting critical sectors such as agriculture, including flower, palm and sugar cane growing. According to the Government, inspection in the palm tree sector has been exemplary since a sizeable fine was imposed for the first time. The Government also states that the Ministry launched a campaign to formalize employment which includes visits to undertakings in the sugar and palm growing sector for the purpose of checking on compliance with social security obligations. The Committee notes the information set out in table form on inspection visits conducted in the agricultural sector between January and July 2012, on general inspections conducted in June 2012, and on the number of penalties imposed on undertakings in the sugar, flower and palm growing sectors between January and February 2012. The Committee requests the Government to provide information on the measures taken to ensure, in accordance with Article 21 of the Convention, that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions on conditions of work and the protection of workers, supervision of which is entrusted to labour inspectors. It also asks the Government to provide information on the number and location of the agricultural undertakings liable to inspection (Article 14(a)(i)) and the number and classes of persons working in such undertakings (Article 14(a)(ii)). The Committee furthermore requests the Government to provide detailed information on breaches of the labour provisions detected by inspectors in the course of their visits to agricultural undertakings (indicating the provision in question), the penalties imposed and any judicial action taken.

Article 6(1)(c). Associated work cooperatives and pre-cooperatives. The Committee refers the Government to its comments under Article 3(1)(c) of Convention No. 81. It takes note of the information supplied by the Government to the effect that the data on labour inspection visits in cooperatives are being systematized by sector in 2012, including in the agricultural sector. The Committee would be grateful if the Government would provide information on inspection visits to associated work cooperatives and pre-cooperatives in the agricultural sector, the infringements detected (indicating the legal provisions breached) and the penalties imposed (fines, annulment of legal status).

Articles 9, 14, 15 and 16. Inadequacy of the structures, personnel and material and logistical resources of the labour inspection services for agriculture. In its previous comments the Committee urged the Government to take the necessary steps to strengthen the structures and means of action available to labour inspectors in charge of agricultural undertakings (availability of premises, human and material resources, training that takes account of needs specific to agriculture, etc.). The Committee refers in this context to its comments under Convention No. 81 regarding the progress made in the setting up of labour inspection services in some towns, and to the human and material resources of the labour inspection services. It also refers to an international cooperation project “Promoting Compliance with International Labour Standards in Colombia” aiming among other things to strengthen the inspection and monitoring system, and to an assessment which was being carried out in this context at the end of August 2012, of the structure, human resources, technology resources and the location of all territorial directorates and labour inspection directorates. The Committee requests the Government to send information on the results of the assessment of labour inspection in agriculture and its recommendations, and on any follow-up measures taken or envisaged. It also asks the Government to provide information on any other measures implemented for the purpose of extending and reinforcing the coverage of the labour inspection system, in particular in remote rural areas (sufficient number of inspectors, adequate training accessible and sufficiently equipped local offices and necessary transport facilities for the performance of labour inspection functions in agriculture).

Article 17. Participation of labour inspectors in preventive control in agricultural undertakings. The Committee reminds the Government that it has been raising this issue since 2002. The Committee urges the Government to ensure that measures are taken to give effect both in law and in practice to this provision of the Convention according to which the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee asks the Government to provide information in its next report on any such measures taken, together with copies of any relevant texts. The Committee refers the Government in this connection to the guidance provided in Paragraph 11 of Recommendation No. 133, which supplements the Convention, on the instances and conditions in which inspectors could be associated in preventive controls.

Articles 26 and 27. Annual report. The Committee refers to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81). It hopes that the Government will be in a position to send, at the earliest possible date, an annual report on the work of the labour inspection services in agriculture, either separately or as part of its general annual report.

The Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee draws the Government’s attention to the following issue.

Physical security of labour inspectors during inspections in agricultural undertakings. The Committee notes that, in reply to its request for information on any measure taken or envisaged to ensure the physical security of labour inspectors in agriculture, the Government indicates that, in accordance with national law, labour inspectors can request to be escorted by the police when carrying out their duties. The Committee would be grateful if the Government would provide a copy of the relevant legal text as well as further details on the manner in which labour inspectors can have recourse to the police in the event of threats or aggression by employers opposing inspection. It also requests the Government to provide examples of cases in which labour inspectors have been exposed to violence in practice and the protection provided.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the joint communication by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of comments on the application of the Convention, on 30 August 2010, transmitted to the Government on 6 September 2010.

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), as it concerns issues also related to the application of this Convention, and to the following points as concerns more specifically labour inspection in agriculture.

Inadequacy of structures, means and logistics of the labour inspection service in agriculture. Following the comments of the CUT in 2007, which related to the ineffectiveness of the labour inspection system in agriculture due to the inappropriate geographical distribution of offices and lack of resources, the Committee notes that the new observations of the CUT and CTC still raise the same issue and attribute such weakness to the absence of specific arrangements for labour inspection in agriculture. In addition to the observations raised with regard to the Convention, No. 81, the trade unions deplore: (i) the location in urban areas of the generally competent territorial directorates and the lack of subordinate municipal offices in rural areas; (ii) the absence of labour inspectors specifically qualified in agriculture and the lack of specific training of labour inspectors in agriculture; (iii) the lack of technical and logistical means and of transport facilities to attain agricultural enterprises in areas of difficult access; (iv) the lack of preventive control of agricultural establishments, activities, production procedures and use of new products and substances; and (v) the insufficiency of inspection visits (control and prevention) in agriculture. The Committee notes that, while the Government refers to the establishment of the additional territorial directorate Orinoquia-Amazonia, it does not respond to the questions previously raised by the Committee as regards measures to strengthen the labour inspection system in agriculture (budget allocated, specific training provided, association of labour inspectors in the preventive control of agricultural establishments, etc.).

The Committee urges the Government to take the necessary measures to strengthen the structures and means of action available to labour inspectors in charge of agricultural enterprises (accessibility of offices, human resources and material resources, training, taking into account the specific needs in agriculture, etc.) and to keep the ILO informed of such measures and their results.

Article 6(1)(a) and (c) and (3), of the Convention. Working conditions and role of labour inspectors with regard to associated work cooperatives (CTAs). The Committee has previously pointed out, with reference to paragraph 133 of its General Survey of 2006 on labour inspection, that the precarious working conditions of a large number of workers in CTAs, which were acknowledged by the Government in its report, would largely justify entrusting labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs, and the workers in the CTAs. While observing that the Government did not provide any relevant information, the Committee notes with interest with reference to its observations under Convention No. 81, the adoption of Law No. 1233 of 2008 which establishes the obligation of cooperatives and precooperatives for contributions to the Colombian Institute for Family Welfare (ICBF), to the National Apprenticeship Service (SENA) and to family benefit funds.

Regarding, more particularly, the conditions of workers working in CTAs producing sugar canes, it notes that, according to the Government, following a big strike by sugar cane harvesters who had been recruited through CTAs from the department of Valle del Cauca, which had paralyzed the whole sugar cane production in the region from 14 July to 15 September 2008, agreements were concluded by CTAs with several refineries, granting, for example increased wages, more equipment and work clothes, loans without interest for one year, support with the family benefit fund for the financing of social plans, education allowances for workers and their families, etc. The Committee requests the Government to indicate whether it is envisaged to entrust labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs and the workers in the CTAs, (Article 6(1)(c) of the Convention. It further requests the Government to indicate the role of labour inspectors as regards the control of legal obligations of cooperatives in the agricultural sector and to provide information on the cooperation between the labour inspectorate and the superintendence of economic solidarity and other special superintendences in the framework of the implementation of circular No. 001 of 2009, which the Government referred to in this regard but did not transmit to the ILO.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its observation, the Committee draws the Government’s attention to the following points.

Safety of labour inspectors performing duties in agricultural undertakings. In its previous comments, the Committee had noted that the Government had not replied to its previous request concerning the measures taken or envisaged to ensure the physical protection of labour inspectors when working in certain regions considered to be dangerous. It had also observed that section 486 of the Labour Code, to which the Government referred, did not indicate whether labour inspectors could ask to be accompanied, when required to guarantee their safety, by police officers who possessed the necessary means to protect their physical integrity. The Committee had therefore asked once again the Government to provide information on any measures taken in this respect and their application in practice. Noting that it has failed to do so, it feels bound to request the Government to ensure that measures to guarantee the safety and physical integrity of labour inspectors when working in agricultural undertakings, should be implemented as soon as possible. It would be grateful if it would inform the ILO of any progress made in this respect and any difficulties encountered.

Article 15 of the Convention. Conditions of work of labour inspectors in agricultural undertakings. Pointing out that the Government has not provided information concerning the part of the territorial department’s budget allocated to labour inspection in the agricultural sector, the Committee hopes that it will not fail to do so in its next report; or that it will, at the very least, indicate any developments concerning the material and logistical working conditions of labour inspectors in agricultural undertakings.

Article 19. Notification of accidents and cases of occupational disease to labour inspectors. Noting that the Government has not provided the information it requested in its previous comments on this point, the Committee feels bound to reiterate this request which was worded as follows.

The Committee notes that in the event of the death of a worker, the employer and the joint occupational health committee or, as the case may be, the monitor, are to carry out, in the 15 days following the death, an inquiry into the causes of the accident or the illness that led to the death of the worker and to communicate the results to the relevant insurance company. Within a maximum of 15 days, this company will decide upon the measures that the employer must take in order to eliminate the cause of the accident or illness. This decision is communicated with the inquiry report to the competent Regional Labour Directorate or to the Special Office of the Ministry of Social Protection, so that further investigations and legal proceedings may be instituted, if necessary. The Committee asks the Government to indicate whether this procedure is also applicable in the event of occupational accidents and diseases in agricultural undertakings and to provide full and detailed information on the role of labour inspectors in the context of this procedure.

Article 6, paragraph 2. Enforcement functions relating to conditions of life of agricultural workers and their families. The Committee requests the Government once again to provide specific information on the content of the issues dealt with on legal assistance days, which, in a previous report, the Government stated it had organized throughout the country, including in the most remote areas. It would be grateful if it could report on whether, as a result, there was any indication of a need to extend the functions of the labour inspection service, with a view to enforcing the application of legal provisions relating to conditions of life of agricultural workers and their families. In the affirmative, the Government is requested to keep the ILO informed of any developments in this respect.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report for the period ending 30 June 2008. It also notes the observations submitted by the Single Confederation of Workers of Colombia (CUT) dated 31 August 2007, and the Government’s reply to these comments dated 21 February 2008. The Committee points out that the CUT also sent, on 28 January 2008, comments in the form of a report entitled “Labour rights and freedom of association in Colombia: Evaluation and proposals for the implementation of the Tripartite Agreement”, on its own behalf and on behalf of the General Confederation of Democratic Workers (CGTD), the Confederation of Workers of Colombia (CTC) and the Confederation of Pensioners in Colombia (CPC). The Committee notes that the Government sent replies to the questions raised in this report to the ILO on 9 June 2008, and that comments from the General Confederation of Labour (CGT), dealing mainly with the inadequacy of the staff in the labour inspection services, were forwarded to the Government on 19 September 2008.

Article 6, paragraph 3, of the Convention. Associated work cooperatives (CTA), subcontracting, increasingly precarious working conditions and legal void. Referring to its comments under Convention No. 81 on the widespread use of employment relationships in the context of associated work cooperatives (CTAs), the Committee observes that the trade unions draw particular attention to this practice in the sugar-cane and flower-growing sectors. They emphasize that sugar has become one of the country’s most important agricultural export products and that Colombia is among the ten major sugar exporting countries in the world. About 16,000 workers in this sector are sugar-cane harvesters, which is the most physically demanding job in the sugar production process, and the worst paid. Some 90 per cent of these workers are recruited through the CTAs and do not even earn the minimum wage. According to the trade unions, the massive recourse to labour under the conditions imposed by the CTAs generate higher profits for the sugar refineries, but that the workers are denied the right to a decent salary and trade union representation. The flower-growing sector, mainly geared to the export of freshly cut flowers (of which Colombia is the major supplier to the United States), absorbs a considerable number of workers, mostly made up of women heads of households with a low educational level, whose opportunities of employment in other sectors are almost non-existent. According to the report of the trade union organizations, a high percentage of workers on sugar-cane plantations and in flower-growing enterprises are recruited though temporary employment agencies, CTAs or other forms of subcontracting.

According to information available to the ILO, a strike was called in September 2008 by some 18,000 sugar-cane harvesters from the department of Valle del Cauca, who had been recruited through the associated labour cooperatives. The strikers claimed the end of the “pseudo-associated labour cooperatives”, direct recruitment, job stability, wage increases, social security coverage, entitlement to social benefits, education and housing allowances, effective control of the weight of sugar cane harvested, etc. They were protesting against a system which obliged them not only to bear the cost of their social security contributions, but also costs relating to occupational safety, the purchase of work tools (machetes), protective equipment such as gloves, protection for the ankles, leather shoes and work clothes. Due to a lack of efficient health services and programmes for the prevention of occupational hazards, cases of partial or total paralysis, injuries to limbs and the spine, as well as arthritis, herniated discs and infections caused by contaminated water and the use of pesticides, are widespread among this labour force; moreover, working time may be as high as 70 hours per week for a monthly wage equivalent to about US$230.

Referring to its comments under Convention No. 81, the Committee particularly draws the Government’s attention to paragraph 133 of its General Survey on labour inspection of 2006, in which it emphasizes the meaning and scope of Article 6, paragraph 1(c), of the Convention, under the terms of which labour inspectors shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee considers that the deterioration in the working conditions of a large number of workers, many of whom are women, would largely justify entrusting labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs, and the workers in the CTAs. Any defects or abuses harmful to these workers could therefore be identified, which could result in an improvement in the existing legislation on working conditions and the protection of workers while engaged in their work. The Committee firmly encourages the Government to ensure that a mission of this nature is entrusted to labour inspectors in agriculture rapidly to help bring about a change in the law adapted to the new realities of the world of work which consist of the subordination of CTAs in relation to the enterprises for which they are producing goods and services without any labour contract. The Government is requested to submit relevant information, accompanied by a copy of any text giving effect to Article 6, paragraph 1(c).

Inadequacy of structures, means and logistics of the labour inspection service in agriculture. In its comments in 2007, the CUT pointed out that, although the inspection service was the same for all branches of the economy, on account of their geographical situation some offices deal mainly with agriculture and have to cover up to ten districts, including vast areas to which access is difficult. Labour inspection is ineffective in these vast areas, which are mainly devoted to agriculture and stock-breeding. According to the CUT, the lack of a specific inspection system in agriculture, exacerbated by a lack of resources, prevents the inspection of agricultural undertakings as often and as thoroughly as is required to ensure the effective application of the legal provisions covered by the Convention.

According to the information provided by the Government in its report and that published by the Ministry of Social Protection on its Internet site, a number of measures to strengthen the labour inspection system are planned, with the assistance of the Office, on the one hand, and in the context of the framework of the USAID–Midas (More Investment for Alternative Sustainable Development) programme on the other. The Committee invites the Government to refer to its comments under Convention No. 81 in relation to: increasing the number and reinforcing the qualifications of labour inspectors, and improving the status of labour inspectors (Articles 14 and 9, paragraph 3, of the present Convention); the material working conditions and transport facilities of labour inspectors (Articles 15 and 16, paragraph 1(c)(iii)); further duties entrusted to labour inspectors (Article 6, paragraph 3); adequate penalties that are effectively enforced (Article 24); principle of confidentiality as to the source of any complaint (Article 20(c)) and annual report of the inspection services (Articles 26 and 27).

Article 9, paragraph 3. Specific training of labour inspectors in agriculture. With regard to the application of this Convention, the trade unions regret the lack of specialized labour inspectors in agriculture. Noting the Government’s recognition of the need to strengthen the labour inspection system by providing specific training to inspectors, the Committee asks it to indicate the measures taken to ensure that labour inspectors in agriculture are provided with initial training, as well as further training during their work, which is adequate and takes account of developments in technology and working methods (risks of accidents and specific medical conditions inherent in the use of machinery and tools, and the handling of chemical products and substances).

Article 17. Association of labour inspection in the preventive control of agricultural enterprises. In reply to the Committee’s previous comments on measures taken to associate labour inspection in the preventive control of new plant, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, the Government indicates that this matter lies within the joint competence of occupational health institutions, departmental and local committees, joint occupational health committees within the enterprise, monitors and insurance companies authorized to operate in the field of occupational hazards, as all these bodies are duly aware of the high risk of agricultural activities. The Committee points out that the labour inspection services do not appear to be associated in any way with this type of control. It would be grateful if the Government would indicate the legal provisions relating to this matter and to provide practical examples of their application in agricultural enterprises.

The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Referring also to its observation, the Committee asks the Government to provide additional information on the following matters.

Bilateral cooperation and labour inspection. The Committee notes from the “General Report on Evaluation and Follow-Up Visits for the Reinforcement of Territorial Departments, Special Offices and Labour Inspection Services”, attached to the Government’s report, that the Ministry of Social Protection hopes, with the assistance of the United States Agency for International Development (USAID), to be able to improve and strengthen the labour inspection system. Within this framework, measures are planned to abolish or simplify certain administrative procedures and to introduce an inspection system which focuses on prevention, particularly in respect of high-risk activities and undertakings, the participation of employers’ organizations and trade unions and the promotion of a culture of respect for national legislation. With a pilot project already launched in the territorial departments of Bolívar, Caldas, Huila, Valle del Cauca and the special office Urabá-Apartadó, the Committee asks the Government to provide information on the activities developed within this framework, their impact on the work of the labour inspection service and the results achieved by this service, and to communicate any relevant texts or documents.

Safety of labour inspectors performing duties in agricultural undertakings. Further to its previous comments, the Committee notes the Government’s reference to section 486, paragraph 2, of the 1990 version of the Labour Code, under which officials designated by the Ministry of Labour and Social Security shall be bestowed with the authority of the police in all matters relating to the supervision and monitoring of labour legislation, and shall be authorized, in that capacity, to impose fines the amounts of which are set in accordance with the gravity of the violation observed. The Committee notes that the Government has not replied to its previous request concerning the measures taken or envisaged to ensure the physical protection of labour inspectors when working in certain regions considered to be dangerous. The abovementioned provision of the Labour Code does not indicate whether the police powers bestowed on labour inspectors include the authorization to be accompanied, when so required in order to guarantee their safety, by police officers who possess the necessary means to protect their physical integrity. The Committee once again asks the Government to provide information on any measures taken in this respect and their application in practice.

Article 6, paragraph 2, of the Convention. Advisory and enforcement functions relating to conditions of life of agricultural workers and their families. The Committee notes with interest that labour inspectors have participated in legal assistance days organized throughout the country, including in the most remote areas. The Committee would be grateful if the Government would provide further information on the specific issues dealt with on these days and indicate whether, as a result, there was any indication of a need to extend the functions of the labour inspection service to advisory or enforcement functions in respect of the application of legal provisions relating to conditions of life of workers and their families in agricultural undertakings.

Article 9, paragraph 3. Training of labour inspectors in agriculture. The Committee notes that a training course on general conditions of work has been given to all labour inspectors. It notes with interest that 256,000,000 pesos was allocated to labour inspector training during 2005 and 2006. This training was based on a new inspection service approach which focuses on the retraining of inspectors and the unification of inspection methods and objectives across the services. The Committee notes that no indication has been given as to whether any training dealing specifically with the exercise of the inspection function in the agricultural sector was included on that occasion. The Committee would be grateful if the Government would indicate the measures taken to give labour inspectors performing duties in agriculture appropriate training, taking into account, most notably, the characteristics inherent to different categories of workers, the nature of the work performed and the specific risks to which workers and their families are exposed.

Article 15. Conditions of work of labour inspectors in agriculture. The Committee once again asks the Government to indicate the part of the territorial departments’ budget which is allocated to labour inspection in the agricultural sector.

Article 19. Notification of accidents and cases of occupational disease to labour inspectors. The Committee notes that in the event of the death of a worker, the employer and the joint occupational health committee or,  as the case may be, the monitor, are to carry out, in the 15 days following the death, an inquiry into the causes of the accident or the illness that led to the death of the worker and to communicate the results to the relevant insurance company. Within a maximum of 15 days, this company will decide upon the measures that the employer must take in order to eliminate the cause of the accident or illness. This decision is communicated with the inquiry report to the competent Regional Labour Directorate or to the Special Office of the Ministry of Social Protection, so that further investigations and legal proceedings may be instituted, if necessary. The Committee asks the Government to indicate whether this procedure is also applicable in the event of occupational accidents and diseases in agricultural undertakings and to provide full and detailed information on the role of labour inspectors in the context of this procedure.

Articles 26 and 27. Annual inspection report. The Committee notes the report on inspection, surveillance and monitoring activities for the years 2005, 2006 and the first quarter of 2007. It notes that this report contains information mainly on the number of visits carried out, the advice and information provided, the investigations of an administrative nature and the number and amount of the fines imposed. The Committee regrets, however, that the data are presented for all the economic sectors covered, which does not allow for the work of the inspection system in agriculture to be assessed in a specific manner, in accordance with the provisions of Articles 26 and 27. The Government is requested to take the necessary measures promptly so as to ensure that the central inspection authority complies with these provisions by following the valuable guidelines set forth in Part IV of Recommendation No. 81. It hopes that it will be possible to make progress in this respect, particularly with the assistance provided by USAID, and that an annual report on the activities of the inspection services in agriculture will soon be published and communicated to the Office.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending on 30 June 2007, the information sent in reply to its previous comments, and the General Report on Evaluation and Follow-Up Visits for the Reinforcement of Territorial Departments, Special Offices and Labour Inspection Services, also attached. The Committee also notes the comments of the Single Confederation of Workers of Colombia (CUT), received by the ILO on 31 August 2007 and forwarded to the Government on 18 September 2007. The CUT has objections to: (1) the conditions of service of labour inspectors; (2) human resources and the distribution of the labour inspection services; (3) the material means and the transport facilities available to labour inspectors; and (4) the frequency and quality of inspection visits. The Committee asks the Government to provide the Office with any comments that it feels may be useful on the issues raised by the CUT, supplemented if necessary by any relevant documents, so that they may be examined at its next session.

Article 17 of the Convention. Association of labour inspectors in preventive control in agricultural undertakings. The Committee notes that labour inspectors are required to verify the existence, including in agricultural undertakings, of joint occupational health committees (COPASO) or monitors in smaller undertakings. The territorial labour departments, under the coordination of the General Directorate of Occupational Risks, are responsible for ensuring the application of the legislation on risk prevention. In consultation with the occupational health committees, they cooperate with the bodies responsible for health in occupational disease prevention activities. There are also occupational health committees at local level, to which the labour inspectors give advice on the preparation and implementation of activities and policies relating to risk prevention. The Committee also notes with interest that occupational risk insurance companies help to supervise the application of the relevant legislation by making it compulsory for undertakings to comply with that legislation and stop practices which are unlawful or a danger to the health or life of workers affiliated to the general system for employment injury. Noting also that the CUT has said it is unaware whether any measures have been taken to promote collaboration between inspection officials and employers and workers in the agricultural sector, the Committee asks the Government to specify whether such measures have been taken and whether and in what manner the association of the inspection services in preventive control in agricultural undertakings extends to the control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

The Committee is addressing a direct request to the Government on a number of other matters.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s partial reply to its previous comments. It draws the Government’s attention to the following points.

1. Security of labour inspectors. The Committee notes that, according to the Government, labour inspectors can get the police authorities to accompany them in order to guarantee their security and allow the accomplishment of their duties. The Committee would be grateful if the Government would indicate whether this possibility is provided for on a legal basis, communicate a copy of any relevant provision and give practical details on its implementation, in particular in cases of obstruction to the performance of an inspection task.

2. Article 9, paragraph 3, of the Convention.  Training of labour inspectors. The Government had indicated in its previous report that a series of training seminars was planned for labour inspectors. The Committee would be grateful if the Government would indicate whether those training seminars have been achieved and to supply detailed information on their contents, their duration and the number and status of the participants.

3. Articles 14 and 15. Means of action of labour inspectors in agriculture. The Committee notes that the Ministry of Social Protection allocates an annual budget to the territorial departments. It requests the Government to indicate the part allocated to labour inspection in agriculture, comparatively.

4. Article 6, paragraph 2. Advisory and enforcement functions concerning the conditions of life of workers and their families. The Committee would be grateful if the Government would indicate whether it is planned to entrust labour inspectors in agriculture with advisory or enforcement functions relating to conditions of life of workers and their families.

5. Article 17. Association of labour inspectors in preventive control of agricultural undertakings. The Committee notes the information concerning joint occupational health committees. It would be grateful if the Government would indicate whether those joint occupational health committees are also set up in agricultural undertakings and to communicate, where appropriate, any relevant provisions governing their establishment, competences and functioning. The Committee also requests the Government to indicate whether labour inspectors are consulted (including via joint occupational health committees) on the putting into operation of new plants, materials or substances and methods of handling or processing products which appear likely to constitute a threat to health or safety, as well as on the plans of any plant in which dangerous machines or unhealthy or dangerous work processes are to be used, in agricultural undertakings, as advocated by Paragraph 11 of Recommendation No. 133.

6. Article 19. Notification of industrial accidents to labour inspectors. The Committee notes that the General Directorate for the Planning and the Analysis of Policies develops an information system enabling the data processing and the continuous updating of the information of the general health system, which includes the hazards register, and that the administrative departments of occupational hazards transmit monthly statistics relating to industrial accidents and occupational diseases to this end. The Committee requests once again the Government to indicate the manner in which it is ensured that labour inspectors are notified of industrial accidents and cases of occupational disease occurring in the agricultural sector, and whether inspectors are associated with any inquiry on the spot into the causes of the most serious industrial accidents or occupational diseases, particularly those which affect a number of workers or have fatal consequences.

7. Articles 25, 26 and 27. Annual inspection report. The Committee notes that no annual report has been communicated to the ILO. It requests the Government to take the necessary measures to ensure that the central authority publishes, on the basis of the periodical reports stipulated by Article 25, an annual report and to communicate it to the ILO, in accordance with the arrangements of Articles 26 and 27 of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Also referring to its observation, the Committee requests the Government to communicate, in so far as it specifically concerns the application of the present Convention, the information requested in its direct request under Convention No. 81 with regard to the organization, functioning and resources of the labour inspectorate.

In addition, the Committee once again requests the Government to indicate whether there has been any follow-up to the conclusions and recommendations of the surveys and studies concerning the rural sector, which it mentioned in its 1996 report, and, if so, to provide any relevant information.

Furthermore, the Government is requested to clarify whether it is planned, in accordance with Article 6, paragraph 2, of the Convention, to assign to labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to the living conditions of workers and their families.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s partial replies to its previous comments and the attached documents. It draws the Government’s attention to the following points.

1. Security and the particular conditions of service of labour inspectors operating in agricultural enterprises located in dangerous areas. In its previous comments, the Committee reiterated its concerns regarding the exposure of labour inspectors operating in agricultural undertakings to the risks inherent in the climate of insecurity prevailing in certain regions. It hoped that the Government would contemplate the possibility of adopting measures to guarantee inspectors an appropriate level of protection and hoped that the relevant information would be communicated. Noting that no mention of this subject is made in the Government’s report, the Committee urges the Government to adopt adequate protection measures with regard to these officials and to keep the Office informed in this regard.

2. Article 17 of the Convention. Association of labour inspectors in preventive controls in agricultural undertakings. The Committee notes that the information provided by the Government under this provision to the effect that all undertakings employing more than ten workers must have a joint committee on industrial safety (COPASO) under the national legislation. This committee, composed of employers’ and workers’ representatives, is responsible, inter alia, for proposing the adoption of measures for developing prevention activities; for periodically visiting workplaces and undertaking controls of the working environment, machinery, equipment, appliances and activities of workers in all sections of the enterprise; and informing the employer of the existence of sources of danger and suggesting corrective and supervisory measures. Undertakings employing less that ten workers would have a look-out designated by joint agreement of the employer and workers. This information does not meet, however, the specific request of the Committee concerning the measures taken to give effect to the provision of the Convention. The Government is therefore requested to refer to the guidance given on this subject by Paragraph 11 of Recommendation No. 133 supplementing the Convention, and to provide information on any cases or circumstances in which, if appropriate, the legislation provides that the labour inspection services shall be associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It would be grateful, in the absence of legislation on this subject, if the Government would take the necessary measures to rectify this deficiency and to provide relevant information in this regard.

3. Article 19. Notification of occupational accidents and cases of occupational disease and association of the inspectorate with inquiries. The Committee notes with interest the announcement of the drawing up of a training plan on occupational safety and health for the territorial departments with a view to strengthening inspection, surveillance and control activities. The Committee welcomes this measure which gives effect to Article 9, paragraph 3, and hopes that additional information will be provided on its impact on the results of inspection activities. It observes, however, that the Government still does not indicate whether, firstly, the legislation stipulates the circumstances and the manner in which the labour inspectorate in agriculture shall be notified of occupational accidents and cases of occupational disease (Article 19, paragraph 1) or, secondly, whether inspectors shall be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases (Article 19, paragraph 2). The Committee hopes that the Government will provide the requested information or, if no effect has been given to these provisions, adopt the necessary measures to this end and keep the Office informed in this regard.

4. Articles 25, 26 and 27. Obligation to submit periodical reports and annual inspection reports. Referring to its previous comments, the Committee notes that the statistical tables attached to the Government’s report do not contain specific data on inspection activities in agricultural undertakings. It also notes that, according to the Government, the central inspection authority does not publish an annual report on the activities of the labour inspection services, but that the territorial directors submit to the Special Inspection, Surveillance and Monitoring Unit quarterly reports containing, inter alia, information on the undertakings visited and penalized. The Committee reminds the Government of its obligation arising from the ratification of the Convention to ensure that the central authority publishes and communicates to the ILO, in the form and within the time limits prescribed by Article 26 and on the basis of periodical reports which must be submitted under Article 25 by inspectors or local offices as appropriate, an annual report on labour inspection activities in agricultural undertakings containing information on each of the subjects listed in Article 27.

The Committee is addressing a request regarding certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, the Committee notes that the Government has not replied to its previous request, which read as follows:

1. Surveys on labour inspection in the rural sector and conditions of life of agricultural workers and their families. The Committee notes the information on the delay caused by the restructuring of the Ministry of Labour and Social Security to undertaking surveys on labour inspection in the agricultural sector, as well as to the various studies dealing with the working situation in the agricultural sector (recession, seasonal migrations) mentioned in the Government’s report of 1996, and whose aim is to increase the efficiency of labour inspection. It hopes that the Government would be in a position to provide in its next report information on the conclusions reached by the surveys and studies and on the measures which are envisaged to attain the set objective, and in particular, to give detailed information on whether labour inspectors in agriculture, according to Article 6, paragraph 2, shall be entrusted with advisory and enforcement functions relating to conditions of workers and their families.

2. Training of labour inspectors in agriculture. Noting the information relating to the measures designed to increase the training provided to labour inspectors, the Committee notes with interest the publication in 1998 of a third updated edition of the "Guide of the Labour Inspector", which refers to ILO Conventions Nos. 81 and 129, on labour inspection. It would be grateful if the Government would provide detailed information on the other measures referred to on the specific training of labour inspectors in rural areas and agricultural undertakings (numbers of inspectors, substance of the training provided) as well as information on the impact of such measures in practice and on the results registered in terms of efficiency with respect to the set aims, as reflected in the formulation of periodic reports, and their communication to the central inspection authority.

3. Lack of labour inspectors. Referring to the information provided in a recent report on the application of Convention No. 81, the Committee notes that women constitute the majority in the labour inspectorate and that numerous inspector posts remain vacant. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to improve conditions of service, especially remuneration, in such a way as to attract would-be candidates to fill the vacant posts.

4. Principle of absolute confidentiality on the source of complaints. Noting with concern the Government’s indication that labour inspectors are not bound to observe the principle of confidentiality as to the source of complaints when the concerned workers request them to do so, the Committee would like to stress the importance of the principle of confidentiality with respect to the source of complaints as specified in Article 20(c). Labour inspectors are, in fact, bound to observe this principle in general subject to such exceptions as may be made by national regulations, and pursuant to the same provision, they are also bound not to reveal to the employer or his representative, that a visit of inspection was made in consequence of the receipt of a complaint. The principle of confidentiality, with respect to the source of complaints, is essential in the relationship between workers and labour inspectors. The Committee therefore invites the Government to refer to the development which was highlighted in its General Survey of 1985 on labour inspection (paragraphs 201 and 202), of the motives behind this affirmation, and which in turn requires it to formulate a legal provision, or failing that, a regulatory or administrative text in this respect. It also notes that the obligation of discretion on the part of labour inspectors may, as specified in the Convention, be subject to a few exceptions, especially with respect to revealing the name of the plaintiff, with the worker’s prior consent, as well as for the sake of legal proceedings (paragraph 203). The Government is requested to take the necessary measures to bring its legislation into conformity with the aforementioned provision of the Convention, in such a manner as to ensure the efficient protection of workers against possible retaliation by employers, and to overcome the fear of revealing workers’ identity which constitutes an obstacle to workers’ collaboration with labour inspectors.

The Committee hopes that the Government will not fail to provide the information requested as well as additional information on the following point.

Independence, authority and impartiality of labour inspectors. The Committee notes with interest the circular of the Minister of Labour and Social Security prohibiting labour inspection agents to use, for occupational purposes, the vehicles made available to them directly or indirectly by employers, trade unions or workers. It would be grateful if the Government would indicate the impact of this prohibition in practice, forward the text of the agreement concluded between the labour inspection services and such institutions as the National Apprenticeship Service (SENA), the Colombian Institute for Family Welfare (ICBF) and universities, in order to ensure that labour inspectors operating in rural areas have the means of transport and the technical support necessary for the performance of their duties (Article 15), and if it would provide information on the application of this agreement in practice.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, the partial replies to its previous comments and the attached documents.

Article 17 of the Convention. The Committee once again requests the Government to indicate whether, and if so in which manner the labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to the health or safety of workers. If they are not so associated, the Government is asked to take the necessary measures to implement this provision and to keep the ILO informed on any progress in this regard.

Article 19. Further to its previous comments, the Committee reminds the Government that, not only shall labour inspectors in agriculture be notified of occupational accidents and cases of occupational disease occurring in the agricultural sector (paragraph 1), but they shall be associated, in so far as possible, with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (paragraph 2). However, in accordance with Decree No. 1530 of 1996, to which the Government continues to refer, and the information provided on its application, labour inspectors intervene on the occasion of the above events to impose sanctions where appropriate. The Committee would be grateful if the Government would specify, on the one hand, whether a procedure exists for notifying occupational accidents and cases of occupational diseases to labour inspectors and, on the other hand, whether measures have been taken to ensure the association of labour inspectors in inquiries on the spot into the causes of the most serious occupational accidents or occupational diseases with a view to prevention.

Articles 26 and 27. While noting the statistics on occupational accidents for the period 1997-2000 attached to the Government’s report, the Committee once again notes the failure to provide an annual report on the activities of the labour inspection services containing information on each of the items specified under Article 27. Emphasizing the importance of also including in such a report up-to-date information on the issues specified in Paragraph 13 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), the Committee would be grateful if the Government would take the necessary measures to ensure that the central labour inspection authority fulfils its obligation to publish and transmit to the ILO the annual report required by the above Articles. In this respect, the Government may find it useful to refer to paragraph 272 et seq. of the General Survey of the Committee of Experts of 1985 on labour inspection.

Security and the particular conditions of service of labour inspections.  Referring to its previous comments on this matter and being aware of the problems of public security that the country has been facing for decades, the Committee notes that the labour inspectors who operate in agricultural enterprises located in vulnerable areas are not among the categories of officials covered by specific protection. It therefore once again hopes that the Government will endeavour to examine the possibility of guaranteeing them an appropriate level of protection and that the relevant information will be provided to the Office in the near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its observation, the Committee notes the information provided by the Government in its report for the period ending 31 July 2000. It hopes that the Government shall not fail to provide additional information on the following points.

1. Surveys on labour inspection in the rural sector and conditions of life of agricultural workers and their families. The Committee notes the information on the delay caused by the restructuring of the Ministry of Labour and Social Security, to undertaking surveys on labour inspection in the agricultural sector, as well as to the various studies dealing with the working situation in the agricultural sector (recession, seasonal migrations) mentioned in the Government’s report of 1996, and whose aim is to increase the efficiency of labour inspection. It hopes that the Government would be in a position to provide in its next report information on the conclusions reached by the surveys and studies and on the measures which are envisaged to attain the set objective, and in particular, to give detailed information on whether labour inspectors in agriculture, according to Article 6, paragraph 2, shall be entrusted with advisory, and enforcement functions relating to conditions of workers and their families.

2. Training of labour inspectors in agriculture. Noting the information relating to the measures designed to increase the training provided to labour inspectors, the Committee notes with interest the publication in 1998 of a third updated edition of the "Guide of the Labour Inspector", which refers to ILO Conventions Nos. 81 and 129, on labour inspection. It would be grateful if the Government would provide detailed information on the other measures referred to on the specific training of labour inspectors in rural areas, and agricultural undertakings (numbers of inspectors, substance of the training provided) as well as information on the impact of such measures in practice and on the results registered in terms of efficiency with respect to the set aims, as reflected in the formulation of periodic reports, and their communication to the central inspection authority.

3. Lack of labour inspectors. Referring to the information provided in a recent report on the application of Convention No. 81, the Committee notes that women constitute the majority in the labour inspectorate, and that numerous inspector posts remain vacant. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to improve conditions of service, especially remuneration, in such a way as to attract would-be candidates to fill the vacant posts.

4. Principle of absolute confidentiality on the source of complaints. Noting with concern the Government’s indication that labour inspectors are not bound to observe the principle of confidentiality as to the source of complaints when the concerned workers request them to do so, the Committee would like to stress the importance of the principle of confidentiality with respect to the source of complaints as specified in Article 20(c). Labour inspectors are in fact bound to observe this principle in general subject to such exceptions as may be made by national regulations, and pursuant to the same provision, they are also bound not to reveal to the employer or his representative, that a visit of inspection was made in consequence of the receipt of a complaint. The principle of confidentiality with respect to the source of complaints is essential in the relationship between workers and labour inspectors. The Committee therefore invites the Government to refer to the development which was highlighted in its General Survey of 1985 on labour inspection (paragraphs 201 and 202), of the motives behind this affirmation, and which in turn requires it to formulate a legal provision, or failing that, a regulatory or administrative text in this respect. It also notes that the obligation of discretion on the part of labour inspectors may, as specified in the Convention, be subject to a few exceptions, especially with respect to revealing the name of the plaintiff, with the worker’s prior consent, as well as for the sake of legal proceedings (paragraph 203). The Government is requested to take the necessary measures to bring its legislation into conformity with the aforementioned provision of the Convention, in such a manner as to ensure the efficient protection of workers against possible retaliation by employers, and to overcome the fear of revealing workers’ identity, which constitutes an obstacle to workers’ collaboration with labour inspectors.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending 31 July 2000. It would be grateful if the Government would supply further information on the following matters.

1. Safety and service conditions for labour inspectors working in agricultural undertakings. While noting with interest the information concerning the conclusion of agreements between the labour inspectorate and certain public and private institutions such as the national apprenticeship service (SENA), the Colombian family welfare institute (ICBF) and university institutions with a view to providing labour inspectors working in rural zones with the means of transport and technical support necessary for the performance of their duties, the Committee remains concerned at the precarious security situation in respect of working conditions of labour inspectors whose right to life and physical integrity, according to the Government, is constantly threatened in a context of armed conflict. The Committee would be grateful if the government would supply copies of the abovementioned decree relating to means of transport and technical support for labour inspectors and also furnish precise information on any concrete measures taken or contemplated with a view to providing the security necessary for labour inspectors in the performance of their duties.

2. Association of labour inspection services in the preventive control of new plant, new materials or substances and new methods of handling or processing products. While noting that, in conformity with Act No. 100 of 1993, training of workers and employers in the prevention of occupational risks is provided within the framework of the general system of occupational risks, the Committee would be grateful if the Government would supply further information indicating how effect is given to Article 17 of the Convention under which the labour inspection services in agriculture should be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances, and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

3. Articles 19, 26 and 27. Referring to the Government’s report on the application of section 4 of Decree No. 1530 of 1996, the Committee notes that in cases of industrial accidents or occupational illness leading to the worker’s death, the inspection service in association with the joint committee on industrial safety, must carry out an inquiry within 15 days into the causes of the accident or illness and provide a report to the administrative service responsible for occupational risks on which it depends. This service transmits the report, accompanied by its opinion, to the general directorate for further action and possible application of sanctions. Noting that no reference is made in this matter to any notification of pertinent information to the labour inspection services, the Committee reminds the Government that, pursuant to Article 19 of the Convention,the labour inspectorate shall be notified of occupational accidents and cases of occupational disease occurring in the agricultural sector in such cases and in such manner as may be prescribed by national laws or regulations (paragraph 1) and that, as far as possible, inspectors shall be associated with any enquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (paragraph 2). The Committee also recalls that statistics of occupational accidents and occupational diseases must be included among the information provided by the central inspection authority in the annual report for which the times for communication to the ILO as well as the content are set out in Articles 26 and 27 of the Convention.The Committee notes with regret, once again, that no such report has been communicated to the ILO. It therefore requests the Government to supply in its next report specific information on how effect is given to Article 19, paragraphs 1 and 2, and to take the necessary measures, as speedily as possible, with a view to ensuring fulfilment by thecentral labour authority for inspection in agriculture of its obligation to prepare, publish and communicate an annual report in compliance with the form and content set out in Articles 26 and 27.

The Committee is also addressing a request on other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports for the period ending June 1998. With reference also to the report provided under article 22 of the ILO Constitution concerning the application of the Labour Inspection Convention, 1947 (No. 81), and the attached documentation, the Committee notes the establishment, under Decree No. 1128 of 29 June 1999 to restructure the Ministry of Labour and Social Security, of a special inspection, supervision and monitoring unit, which appears to respond to the criteria defining the competent authority set out in Article 7 of the Convention.

However, the Committee notes that the provisions concerning the functions of the special unit are worded in terms which do not distinguish inspection activities that are specific to the agricultural sector. Among its many functions, the special unit is responsible for implementing plans and programmes relating to rural workers, informal sector workers and self-employed workers and for promoting the application of the legislative provisions which are applicable to them. In its report for the period ending 30 June 1996, the Government indicated the establishment of the special labour department responsible, among other matters, for agricultural workers, for participating in programmes concerning them and for promoting the application of labour legislation. The Government reports, among the activities undertaken by the above structure, surveys on labour inspection in the agricultural sector and the preparation of compilations of workers' rights. The Committee would be grateful if the Government would provide information on the outcome of the surveys carried out and on the action envisaged to improve labour inspection in agriculture with a view to improving the protection of agricultural workers. The Committee also requests the Government to provide detailed information on the impact of Decree No. 1128 above on labour inspection in agriculture and to provide a copy of any text issued in this respect.

The Committee would be grateful if the Government would indicate whether, as envisaged in Article 10, labour inspection duties are assigned to women inspectors in the agricultural sector, particularly with regard to the functions of assistance and supervision set out in Article 6, paragraph 2, and in relation to the application of legal provisions respecting the conditions of life of workers and their families.

The Government is also requested to take the necessary measures to transmit to the ILO an annual report on the work of the inspection services in agriculture in the form and within the time limits set out in Article 26, containing information on the subjects enumerated in Article 27.

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

Further to its observation, the Committee would be grateful if the following information were provided in its next report.

Article 8. This question is raised under Convention No. 81, Article 6, as follows:

Articles 6 and 11(b). (1) The Committee notes that the desired transport facilities have not been provided for inspectors; reliance is sometimes placed on enterprises or unions. Please indicate any progress made so that reliance is not placed upon employers or workers' organisations for their transport. (2) The Committee notes from the report on Convention No. 129 that not all members of the labour inspectorate are career officials. Please clarify how the stability and independence of all inspection staff are ensured in these circumstances.

Article 15. See under Convention No. 81, Article 11(b), as follows:

Articles 6 and 11(b). (1) The Committee notes that the desired transport facilities have not been provided for inspectors; reliance is sometimes placed on enterprises or unions. Please indicate any progress made so that reliance is not placed upon employers or workers' organisations for their transport. (2) The Committee notes from the report on Convention No. 129 that not all members of the labour inspectorate are career officials. Please clarify how the stability and independence of all inspection staff are ensured in these circumstances.

Article 19. See under Convention No. 81, Article 14, as follows:

Article 14. The Committee notes that industrial accidents and occupational diseases are not always notifed to the Ministry of Labour. Please indicate any measures proposed to ensure that inspectors are duly notified and can thus exercise their functions correctly.

Article 20. See under Convention No. 81, Article 15(c), as follows:

Article 15(c). Further to previous comments, the Committee notes the statement that the principle of confidentiality referred to in this Article is observed in practice. The Government also refers (for the first time) to Decree No. 1489 of 1952. Please indicate whether this Decree applies to labour inspectors and the labour inspectorate, and provide a full copy.

Articles 26 and 27. See observation under Convention No. 81, as follows:

Articles 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes the labour statistics provided in Bulletin No. 33-34 of the Ministry of Labour and Social Security, which covers 1988 but only partially responds to the requirements of the Convention. The Bulletin indicates that the number of inspection visits made decreased in 1988, and most were in the commercial sector (excluded by Colombia from its acceptance of the Convention). The number of violations of legislation reported was also lower.

The Committee recalls the Convention's requirement that workplaces should be inspected as often and as thoroughly as necessary; and the importance of compiling annual reports on the activities of the inspection services containing detailed information on all the subjects required by the Convention, so that the manner in which the Convention is being applied can be appreciated. It once again expresses the hope that remedial measures will be taken by the Government.

The Committee is also addressing a direct request to the Government concerning application of Articles 3, paragraph 2; 5(a); 6 and 11(b); 7; 14; 15(c).

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

Articles 1, 4, 14, 18 and 21 of the Convention. The Committee notes from the new information provided by the Government that only undertakings with a highly profitable infrastructure are considered "agricultural undertakings" and inspected as such. At the same time, the "intermediate sector" employs during harvest time young persons and women who are said to be unprotected as regards occupational safety and health. The Committee would be glad if the Government would indicate what measures are proposed to ensure that the system of labour inspection will in future apply to all agricultural undertakings as defined in the Convention.

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

Article 20(c) of the Convention. See direct request under Convention No. 81, as follows:

Article 15(c) of the Convention. In its reply to the Committee's comments, the Government asks how effect can be given to this provision of the Convention without infringing the rights of the public, deriving from Act No. 57 of 1985 respecting the public nature of official acts and documents.

The Committee notes that, under section 12 of the above Act, all persons have the right to consult official documents provided that access to them is not restricted by law. Since the non-fulfilment by labour inspectors of their fundamental obligation to treat as confidential the source of any complaint that has prompted a visit of inspection could have particularly serious consequences for the workers (see the General Survey of 1985 on labour inspection, paragraphs 201 and 202), the Committee trusts that the Government will shortly take the necessary measures to make this obligation statutory.

Article 16. The Committee wishes to point out yet again that, in the absence of any information on the number of workplaces liable to inspection, it is unable to ascertain the extent to which effect is given to this provision of the Convention on the basis of statistics of the workplaces inspected, published in the periodical bulletins transmitted by the Government. Consequently, it again requests the Government to provide all the necessary information in its next report to enable it to assess the extent to which effect is given to this provision of the Convention.

Articles 26 and 27. See observation under Convention No. 81, as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that under section 57(9) of Decree No. 1422 of 1989 concerning the restructuring of the Ministry of Labour and Social Security, the General Inspection Directorate is responsible for collecting, processing and analysing information on inspection work at national and regional levels. Accordingly, the Committee hopes that it will be possible for annual reports on the activities of the inspection services containing detailed information on all the subjects listed at Article 21 to be published and transmitted to the International Labour Office within the period laid down at Article 20.

The Committee is also addressing a direct request to the Government concerning the application of Articles 15(c) and 16 of the Convention.