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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (RATIFICATION: 1976)

Other comments on C087

Observation

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Article 2. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee recalls that it previously requested the Government to provide further information on the possibility for enterprise unions to be able, if they so wish, to accept the membership of apprentices engaged in work in the corresponding productive structure, as well as retirees and the unemployed, where they have been engaged in the activity of the enterprise. The Committee notes the Government’s indication that the draft labour reform will amend section 356 of the Substantive Labour Code to ensure that all workers have the right to establish organizations of their own choosing independently and are able to organize in unions at the level of the enterprise, group of enterprises, branch, industry or sector or in any other form of their choosing for the achievement of their objectives. The Committee notes with interest the proposed amendment to section 356 of the Substantive Labour Code and hopes that during the discussion of the draft text by the legislative body it will be ensured that apprentices engaged in work in the corresponding productive structure, as well as retirees and the unemployed, where they have been engaged in the activity of the enterprise, have the possibility, if it is envisaged by the statutes of the organizations, to join the corresponding trade unions.

Trade union census. The Committee recalls that it previously requested the Government to provide information on developments in the findings of the trade union census. The Committee notes the Government’s indication that it has sought the collaboration of the Secretariat of Labour of Brazil to update the information from the 2018 trade union census. The Government indicates that a process of consultation has been undertaken with the trade union representatives of the Standing Dialogue Commission on Wage and Labour Policies to consider the possible conduct of a broader new trade union census within the context of the labour reform submitted to the Congress of the Republic. The Committee also notes the observations of the trade union confederations, which indicate that, according to the figures of the National Statistical Administrative Department (DANE), in June 2023 the unionization rate in Colombia was still 4 per cent of the working population, and there was no increase over the years 2021, 2022 and 2023. The Committee notes the information provided by the Government on the trade union census and observes that the number of members of unions has stayed around the same percentage for the past three years. While welcoming the initiatives for collaboration with Brazil, the Committee requests the Government to continue providing information on the trade union census with a view to obtaining updated figures on the number of unionized workers in the country.

Article 3. Right of trade unions to organize their activities. Facilities. The Committee recalls that it previously requested the Government to examine the possibility of further regulating in law the conditions for granting trade union leave and the minimum level of guarantees and facilities from which trade unions should be able to benefit.

The Committee notes with satisfaction the Government’s indication that, as a result of a consultation with the unions, Decree No. 344 of 2021 has been adopted covering trade union leave, which provides for the granting of trade union leave for the union representatives of public employees, determines the beneficiaries of such leave, the conditions for it to be granted and the effects of trade union leave, among other aspects. The Committee also notes the Government’s indication that the draft labour reform submitted to the Congress of the Republic envisages the amendment of section 354 of the Substantive Labour Code to add to the guarantees for the exercise of freedom of association the recognition of trade unions, trade union leave, communication with the enterprise management and the establishment of dialogue bodies, access to workplaces, access to information, access and facilities for communication with workers and communication with new workers. The Committee notes with interest the proposed amendment to section 354 of the Substantive Labour Code and trusts that substantive consultations will be held on the subject with the representative organizations of employers and workers. It requests the Government to provide information on any developments in this regard.

Right of organizations to determine their structure. The Committee recalls that it examined the observations of the trade union confederations, according to which the legislation in force does not permit: (i) the creation of sections at the regional and departmental level; or (ii) the possibility for national level unions to establish sections or chapters in the same municipal area in which they have their national headquarters. After noting the existence of a confirmatory ruling by the Constitutional Court, the Committee emphasized the importance of combining democratic principles with trade union independence and requested the Government to engage in dialogue with the trade union confederations on the possibility of amending the legislation respecting the internal structure of trade unions. The Committee notes the Government’s indication that the draft labour reform seeks to amend section 391A of the Substantive Labour Code to allow industry, branch and sectoral unions to be able to include in their statutes the possibility of establishing chapters in each of the enterprises located in the same municipal area where they have no fewer than 25 members. The reform also seeks to provide for the establishment of section committees in each of the enterprises located in the same municipal area which have no fewer than 12 members. The Committee notes with interest this aspect of the draft reform and hopes that the current revision process will take duly into account the right of trade union organizations to determine their own structure, in accordance with democratic principles and trade union independence.