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Previous comments: Direct requests C.12, C.17, C.18 and C.19; direct requests C.24 and C.25

The Committee notes the observations provided by the Single Confederation of Workers of Colombia (CUT), the General Confederation of Labour (CGT) and the Confederation of Workers of Colombia (CTC) on the application of Conventions Nos 12, 17, 18 and 19, dated 31 August 2022, which were communicated with the Government’s report. The Committee requests the Government to provide its comments in this regard.
The Committee also notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), dated 31 August 2022, communicated with the Government’s report.
In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 17, 18, 19, 24 and 25 together in a single comment.
Article 1, Conventions Nos 12, 17, 18, 24 and 25. Representation made under article 24 of the ILO Constitution. Application of the Conventions in practice. Progressive extension of the numbers of persons covered. The Committee notes that, at its 342nd Session (June 2021), the Governing Body found receivable the representation made by the CUT, CGT and CTC under article 24 of the ILO Constitution alleging non-compliance by the Government of Colombia with the Maternity Protection Convention, 1919 (No. 3), the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12), the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Workmen’s Compensation (Occupational Diseases) Convention, 1925 (No. 18), the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee observes that the allegations contained in the representation refer to the coverage of protected persons and the guarantee of social security benefits in relation to Conventions Nos 3, 12, 17, 18, 24 and 25. In accordance with its usual practice, the Committee has decided to suspend its examination of matters related to the subjects referred to until the Governing Body adopts its report on the representation.
Article 5 of Convention No. 17. Compensation in the form of a lump sum. The Committee notes the information provided by the Government on guarantees of stability of employment and the obligation of employers to provide rehabilitation measures. The Committee also notes that the legislation provides for the payment of a higher-level compensation benefit in the event of permanent partial incapacity. In this regard, the Committee observes that the Government has not indicated the measures adopted with a view to guaranteeing the proper utilization of the lump sum received in such circumstances. The Committee wishes to recall that Article 5 of the Convention provides that the compensation payable in the event of permanent incapacity or death may as an exception be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly utilized. In this context, the Committee once again requests the Government to indicate the measures adopted so that the competent authorities ensure the proper utilization of the lump sum benefit, in accordance with Article 5 of the Convention.
Article 11 of Convention No. 17.Guarantees of the payment of benefits to workers in the event of the insolvency of the employer or the insurer, and in cases of the failure to register workers. The Committee notes the information provided by the Government in its report that occupational risk administrators are required to take out reinsurance coverage, and that the Guarantee Fund for Financial Institutions (FOGAFIN) is responsible for the payment of pensions in the event of the insolvency of the pension administrator. The Committee further notes that, in the event of the insolvency of enterprises, Act No. 1116 of 2006 grants preference to labour credits, as a result of which workers in enterprises under compulsory liquidation are assisted by the law, on an equal footing, to benefit from the distribution of the active assets during liquidation. With reference to the failure to register workers, the Committee notes that, in the case of workers who are not registered under the General Labour Risks Scheme (SGRL), the State does not guarantee the payment of employment injury benefits, and workers have to have recourse to the ordinary labour courts to make their claims against the responsible employer. In this regard, the Committee notes the observations of the CUT, CGT and CTC indicating that court action takes years to be completed and is costly. The Committee recalls the Government that Article 11 of Convention No. 17 provides that Member States shall make such provision as is deemed most suitable for ensuring in all circumstances the payment of compensation to workers who suffer injury and to their dependants. In this context, the Committee requests the Government to indicate the manner in which the payment of compensation is guaranteed in the case of workers who are not registered with the SGRL, over and above the possibility for them to take action through the ordinary courts. The Committee also requests the Government to provide information on the court rulings handed down recognizing the payment of such compensation.
Article 2 of Convention No. 18. Recognition of occupational diseases. The Committee notes the indication that the regulations on recognition on first application through administrative decisions have been under revision since 4 March 2022 by the Ministry of Finance and Public Credit, which is seeking to reduce to 140 days the procedure for the determination and recognition of loss of capacity for work in all cases. The Committee further notes the Government’s indication that work is being undertaken on a draft text to add Part 5 of Book 3 to Decree No. 780 of 2016, regulating the health and social protection sector, which establishes the procedure for determining the origin of the disease or injury, the degree of invalidity and the date of the recognition and review of the invalidity. In light of the above, the Committee requests the Government to provide information on: (i) progress in the adoption of the regulations referred to above, with a view to the simplification of the process of the recognition of occupational diseases upon first application, and the reduction in the timeframe for their recognition; and (ii) the number of occupational diseases that have been reported and recognized, and the average period of time between their recording and their recognition.
Application in practice of Convention No. 19. The Committee notes the information provided by the Government on the adoption of Decree No. 117 of 2020 establishing a procedure to regularize the status of migrants with a view to reducing informal work and allowing the access to work with insurance coverage of Venezuelan citizens in an irregular migration situation. The Committee also notes Decision No. 1178 of 2021 and Decision No. 572 of 2022 of the Ministry of Health and Social Protection, adopting the temporary protection permit (PPT) as a valid identity document for Venezuelan migrants, with which they can register with the General Social Security System and the General Occupational Risks Scheme, through which they benefit from relevant protection and benefits for employment injuries. The Committee notes the observations of the CUT, CGT and CTC which indicate a lack of the necessary labour inspection to ensure compliance by employers with their obligations under labour law, as workers of Venezuelan nationality are subject to unfair treatment as a result of their vulnerable situation. In this regard, the Committee requests the Government to indicate whether the labour inspection services have reported irregularities in the payment of employment injury compensation to migrant workers.
Article 4(1) of Conventions Nos 24 and 25. Access to medical care. The Committee notes the information provided by the Government on the supervisory measures adopted by the National Health Supervisory Office in relation to health promotion bodies (EPS) and health service providers (IPS) to ensure that they comply with their obligations. The Committee also notes the statistical data, which shows that the number of complaints relating to access to medical care has diminished.
Article 4(2) of Conventions Nos 24 and 25. Sharing in the cost of medical care. The Committee notes the information provided by the Government that the cost share by beneficiaries in Colombia is 15.1 per cent, and that the share of the cost of health services paid by households represents 1.7 per cent of the total cost. The Committee recalls that, while Article 4(2) of the Convention provides that the insured person may be required to pay such part of the cost of medical care as may be prescribed by national laws or regulations, the principle of the provision of care free-of-charge is also established. In this context, the Committee requests the Government to provide information on the public financial assistance measures or policies that exist with a view to preventing hardship for insured persons, especially in cases which may require multiple consultations and complex or long-term medical treatment.
Article 6(1) of Conventions Nos 24 and 25. Non-profit and profit-making health insurance institutions. The Committee notes the information provided on the National Health Supervisory Office in relation to the adoption of measures with a view to the removal of the approval of institutions that do not guarantee the provision of health services to their members, including the partial revocation of the authorization to operate and precautionary measures. However, the Committee notes that the Government has not provided information on the controls carried out of user services by national, district and municipal social security councils in the field of health care. In this context, the Committee once again requests the Government to provide information on the supervisory activities of national, district and municipal social security health councils to monitor user services.
Article 6(2) of Conventions Nos 24 and 25. Participation of insured persons in management. The Committee notes the information provided by the Government on user alliances and associations, the role of which is to represent users in relation to health promotion bodies (EPS) and health service providers (IPS). The Committee further notes External Circular No. 008 of 2018 of the National Health Supervisory Office, which indicates that Benefit Plan Administrators (EAPB) and health service providers (IPS) shall take the necessary action to promote and strengthen the exercise of social participation in accordance with the laws and regulations in force.
Article 9 of Convention No. 24 and Article 8 of Convention No. 25. Right of appeal. The Committee notes the Government’s indication that, within the context of the Social Security System, there exist bodies, time limits and procedures regulated by Decree No. 1072 of 26 May 2015 and Legislative Decree No. 19 of 2012 on the right of appeal in relation to the recognition and granting of benefits for injury and diseases. The Committee notes the procedures described in relation to the recognition authority, the Regional Injury Recognition Board and the National Injury Recognition Board. It also notes the indication that, in addition to the administrative bodies referred to above, persons who are affected may take action through judicial bodies.
Application of Convention No. 24 in practice. Payment of health insurance. The Committee notes the information on the proceedings undertaken by the Supervisory Body delegated by the jurisdictional and conciliation authorities for the resolution of disputes that arose between users and providers in the health care system during the period between August 2018 and July 2022, which does not refer specifically to any progress in the action taken in relation to the employees of the International Aviation Company. The Committee recalls that the Government indicated in previous reports that the Ministry of Labour was undertaking an investigation and that a round table had been established under the leadership of the Deputy Minister for Industrial Relations and Inspection with a view to reaching an agreement. The Committee once again requests the Government to provide specific information on any progress achieved and the possibility of concluding this case.
Conclusions and recommendation of the Standards Review Mechanism. The Committee recalls the recommendations of the Tripartite Working Group of the Standards Review Mechanism, on the basis of which the Governing Body decided that Member States for which Conventions Nos 17, 18, 24 and 25 are in force should be encouraged to ratify the Employment Injury Benefits Convention [Schedule I amended in 1980], 1964 (No. 121), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee encourages the Government to give effect to the decision adopted by the Government Body at its 328th Session (October–November 2016) and to consider the ratification of the most up-to-date social security instruments.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 24 (sickness insurance, industry) and 25 (sickness insurance, agriculture) together.
The Committee notes the observations of the General Confederation of Labour (CGT) on the application of Conventions Nos 24 and 25, received in 2017.
Article 4(1) of Conventions Nos 24 and 25. Access to medical care. The Committee notes the Government’s indication that 82.3 per cent of the almost 500,000 complaints received by the National Health Supervisory Office concern the restriction of access to health services. The Committee notes that, according to the CGT, these data show that the effective coverage of members or beneficiaries is completely deficient. The Committee requests the Government to provide its comments in this respect.
Article 4(2). Sharing in the cost of medical care. In its previous comments, the Committee asked the Government to provide statistical information on the number of workers who had been unable to pay the stipulated percentage for medical expenses, the number of workers who had paid a percentage of the total cost of the treatment, and the total amount paid in respect of these categories of beneficiaries. The Committee notes the information provided by the Government concerning the number of persons covered by the health system, which represented 95.66 per cent of the population in 2016, and the coverage of the General System of Occupational Risks, which was 39 per cent. The Committee once again requests the Government to provide detailed information concerning the participation of beneficiaries in the cost of medical care.
Article 6(1). Non-profit and profit-making health insurance institutions. In its previous comments, the Commission noted the Government's indications that there were 23 health promotion companies (EPS) operating under the contributory scheme, two of which were public, and requested the Government to provide statistical information on the activities of the management bodies, as well as of the national, district and municipal social security health councils that monitor the services to users. The Committee takes note of the Government’s indications that Decree No. 2462 of 2013 and its regulations delimit the functions for which the National Superintendence of Health (Supersalud) is responsible. In addition, the Government provides detailed data on, inter alia, the number of audits carried out by Supersalud in 2016 on EPS (430), the number of inspection visits to EPS customer service offices in the same year (245), the number of complaints received by Supersalud in 2016 (467,760) and the number of sanctions imposed (1,432). The Committee takes due note of the information provided by the Government on Supersalud and its activities, and reiterates its request to the Government to provide information on the activities of the national, district and municipal social security health councils that monitor services to users.
Article 6(2). Participation of insured persons in the management. In its previous comments, the Committee requested the Government to indicate the number of associations, leagues or alliances that operating within the EPS, as well as the conditions and requirements that the private EPS must adopt as part of their statutes and rules so that the users could participate in such bodies. The Committee takes note of the information provided by the Government concerning the number of associations and user alliances operating within 42 EPS. The Committee also requested the Government to clarify the functions of the National Social Security Council in the field of health (CNSSS) in relation to the Health Regulatory Commission (CRES), noting that at national level, the functions of the CNSSS had been considerably reduced, leaving most of its functions to CRES, which was not composed of social partners but by experts appointed by the President. With regard to the national level, the Committee notes the Government’s indication that CRES was liquidated by Decree No. 2560 of 2012 and that all its functions were transferred to the Directorate for the Regulation of Benefits, Costs and Tariffs of the Ministry of Health and Social Protection (Minsalud). The Committee also notes that section 3 of Act No. 1122 of 2007, to which the Government refers, establishes the consultative and advisory nature of the CNSSS, a tripartite body. On the basis of the information provided by the Government, the Committee observes that the Directorate of Minsalud, which replaced CRES in its functions, as well as the CNSSS, perform purely advisory functions and recalls in this respect, that Article 6(2) of the Conventions require the participation of insured persons in the management of the self-governing health insurance institutions. The Committee requests the Government to provide information on any measures taken or planned to ensure the full application of this Article of the Conventions at the national level. The Committee once again requests the Government to provide information on the conditions and requirements relating to the participation of insured persons in the management of private EPS.
Article 9 of Convention No. 24, and Article 8 of Convention No. 25. Right of appeal. The Committee notes the detailed information provided by the Government on the number of appeals submitted in relation to the right to health to the Constitutional Court in 2016. The Committee requests the Government to provide information on other legal remedies available at both the administrative and judicial levels in case of dispute concerning the right to benefit of insured persons established in the Conventions, as well as on the duration of the related proceedings. The Committee also requests the Government to provide information on the number of administrative and judicial appeals lodged and the time taken to process such appeals.
Application of Convention No. 24 in practice. Payment of health insurance . In its previous comment, the Committee requested the Government to indicate whether the employees of the International Aviation Company had recovered their rights with respect to health insurance, and to keep the Office informed in this regard. The Committee notes that the Government has not provided information on this subject and once again requests the Government to indicate the outcome of the investigation envisaged by the Ministry of Labour and the progress achieved in this regard.
Lastly, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 24 and 25 are in force should be encouraged to ratify the Medical Care and Sickness Benefits Convention, 1969 (No. 130), or the Social Security (Minimum Standards) Convention, 1951 (No. 102), and accept its Parts II and III (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 130 or Convention No. 102 (and accept Parts II and III) as the most up-to-date instruments in this subject area.

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The Government is requested to refer to the comments made by the Committee in relation to Convention No. 24.

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Please refer to the comments made under Convention No. 24.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Please refer to comments made under Convention No. 24.

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Please refer to comments made under Convention No. 24.

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The Government is asked to refer to the comments made under Convention No. 24.

[The Government is asked to reply in detail to the present comments in 2004.]

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In reply to the Committee’s previous comments on the coverage in practice of the General Social Security Health System (SGSSS) in the agricultural sector, the Government states that the contributory scheme of the SGSSS covers all workers bound by a contract of employment, and that employers are obliged to register them with the SGSSS. The Government adds that it does not have statistics available on the total number of persons employed in the agricultural sector and the percentage of such employed persons registered with the SGSSS. The Committee notes this information and requests the Government to indicate whether health-care provider institutions are able to ensure the provision to insured persons of the care guaranteed by the compulsory health plan in all the regions of the country, and particularly in agricultural regions.

Furthermore, the Committee requests the Government to refer to the comments that it is making on the application of Convention No. 24.

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The Committee takes note of the adoption of a new General System of Social Security in the Health Branch, the structure of which was established by Act No. 100 of 1993 respecting the social security system as amended by Decree No. 1298 of 22 June 1994 and its implementing regulations (Decrees Nos. 1919 and 1938 of 1994). In this regard, the Committee refers to its comments concerning Convention No. 24.

In addition, the Committee hopes that the Government will indicate whether the General System of Social Security in Health has entered into force for agricultural workers, bearing in mind section 703 of Decree No. 1298 according to which employers and workers in agriculture and stock-raising are required to affiliate to the bodies responsible for providing social security services in health where such services are provided in the regions concerned. If this is the case, the Committee would be grateful if the Government would provide statistics on the coverage of the agricultural sector by the General System of Social Security in Health and to indicate in particular the percentage of workers covered by the Convention who are entitled to services on a contributory basis under the Compulsory Health Plan.

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See under Convention No. 24, as follows:

The Committee notes the information supplied by the Government in its report. It also notes the adoption of Act No. 100 of 23 December 1993 establishing an integrated social security system, of Decree No. 1298 of 22 June 1994 enacting the organic status of the general social security system on health as well as various other texts under Act No. 100. The Committee requests the Government to supply in its next report further information on the entry into force of this legislation in regard to sickness insurance and its implementation in practice. It would like, in particular, the Government to provide detailed information for each of the Articles of the Convention in regard to medical care and sickness benefits.

With respect more particularly to Article 2 of the Convention, the Committee hopes that the Government's next report will contain detailed information on the geographical extension of the integrated social security scheme in order to ensure that all workers covered by the Convention benefit from sickness insurance.

[The Government is requested to report in detail in 1997.]

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See under Convention No. 24, as follows:

Article 4, paragraph 1, of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments concerning the requirement of a prior period of contribution for medical assistance to be granted whereas such a requirement is not provided for in Article 4, paragraph 1, of the Convention. It recalls that this question is not related to beneficiaries' possible participation in the cost of medical benefit, which is dealt with in paragraph 2 of Article 4. In these circumstances and in view of the relatively short qualifying period (four weeks of contribution) prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), the Committee expresses the hope that the Government will have no difficulty in abolishing any prior period of contribution for the grant of medical assistance, for example when the above-mentioned General Sickness and Maternity Insurance Regulations are reviewed. It would be grateful if the Government would provide information on progress made in this respect.

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See under Convention No. 24, as follows:

With reference to its previous observation, the Committee hopes that the Government will provide detailed information in its next report on progress made in extending social security to more municipalities so that all workers covered by the Convention throughout the national territory are guaranteed the benefits of sickness insurance, in accordance with Article 2 of the Convention.

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See Convention No. 24, as follows:

Article 4, paragraph 1, of the Convention. The Committee takes note of the Government's reply to its previous comments in which it states that it will examine with the Social Insurance Institute and employers and workers, ways in which it would be possible to abolish the prior period of contribution of four weeks from which the provision of assistance and cash benefits to the worker is conditional.

The Committee notes the above information with interest and hopes that the examination of the point in question will result in the abolition of the four-week qualifying period, prescribed in section 8 of Decree No. 770 of 30 April 1975 (General Sickness and Maternity Insurance Regulations), which is contrary to Article 4, paragraph 1, of the Convention, which does not authorise any qualifying period for the provision of medical assistance.

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See under Convention No. 24, as follows:

The Committee notes the information supplied by the Government in its report, and the information contained in the report of the activities of the Social Insurance Institute (ISS) for 1982-86, and contained in the document "Social Security in Colombia" published by the National Health Institute, which gives a wide-ranging and systematic analysis of the population covered by social security in general and by the ISS in particular. The Committee notes with interest that, according to the Government's indications, both social security coverage for categories of the workforce according to branches of economic activity and geographical coverage have been greatly increased and that the number of municipalities benefiting from coverage is continually rising. The Committee hopes that progress will continue to be made in this direction and requests the Government to supply information in its next report concerning the steps taken in this respect.

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