Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report. The Committee also notes the comments presented by the General Confederation of Democratic Workers (CGTD), the Trade Union of Telecommunication Workers of Santa Fe de Bogotá (SINTRATELEFONOS), the Trade Union of Textile Industry Workers (SINTRATEXTIL) and the World Federation of Trade Unions (WFTU) regarding failure to implement collective agreements and acts of anti-trade union discrimination, and requests the Government to comment thereon.

1. The Committee recalls that for many years it has been emphasizing the need for the category of "public employees", those not engaged in the administration of the State, to benefit from the right to collective bargaining. In this connection, the Committee notes that the Government is examining the possibility of modifying the classification of public servants, by restricting the concept of public employees, above all for the lower echelons. The Committee firmly hopes that the Government will take measures as soon as possible to bring the legislation fully into conformity with the Convention, allowing all public servants who are not employed in the administration of the State to bargain collectively in respect of their employment conditions. The Committee requests the Government to inform it in its next report on all measures adopted accordingly.

2. In its previous observation, the Committee referred to the requirement for industrial or branch unions to comprise more than 50 per cent of the workers in an enterprise in order to be able to bargain collectively (section 376 of the Labour Code, paragraph supplemented by section 51 of Act No. 50). The Committee notes the Government's indication that this provision does not restrict the right to collective bargaining of industrial or branch unions and points out that, if the industrial union has a membership of more than 50 per cent of workers from a particular enterprise, it may take decisions by convening those unionized workers only, and not its total membership, from different enterprises. In this connection, the Committee considers that industrial or branch unions which do not cover more than 50 per cent of the workers in an enterprise should be able to bargain collectively, at least on behalf of their own members, especially in medium and large-sized undertakings. The Committee requests the Government to take steps to amend this provision as indicated and to provide information in its next report on all measures adopted in this regard.

3. Finally, in its previous observation, the Committee had requested the Government to inform it on the right of federations and confederations to bargain collectively. The Committee notes the Government's indication that: (i) first level trade union organizations hold the right to bargain collectively; (ii) second and third level organizations are authorized by law to advise affiliated trade unions in the process of bargaining; and (iii) considering the different activities undertaken by federations and confederations and that the Convention contains no explicit reference obliging the State to amend its legislation on this point, it considers that the current legal provisions may be maintained. On this matter, the Committee recalls that Article 4 of the Convention, regarding the promotion of collective bargaining, refers clearly to the right to collective bargaining of workers' organizations in general, with no exceptions. Given these conditions, the Committee requests the Government, in consultation with the social partners, to take measures to ensure that the right to collective bargaining is also recognized for federations and confederations.