Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 401, Mars 2023

Effect given to the recommendations of the committee and the Governing Body

1. 16. The Committee last examined this case, which refers to allegations of violent repression of a trade union meeting, banning of a strike, anti-union dismissals and arrests of trade unionists, at its June 2017 session [see 382nd Report, paras 27–29]. On that occasion, the Committee urged the Government to keep it informed of the results of the administrative investigation initiated against the National Union of Workers in the Metal Engineering, Machinery, Metallurgical, Railways Industry and in the Allied Marketing and Transport Sector (SINTRAIME) for damage to rail installations, workshops and doors of the enterprise facility; to keep it informed of the results of the court cases under way to rule on the reinstatement of 30 dismissed workers; and to also keep it informed of the alleged arrests of workers of SINTRAIME after a work stoppage and possible existence of criminal charges against them.
2. 17. In a communication of 7 May 2018, the Government sent its observations regarding the information requested by the Committee. With regard to the administrative investigation initiated against SINTRAIME for damage to rail installations, workshops and doors of the enterprise facility, the Government reports that, by an order of 25 October 2012, the administrative labour investigation was declared to have lapsed and the administrative proceedings were ordered to be closed.
3. 18. With regard to the court cases that were under way to rule on the reinstatement of 30 dismissed workers, the Government indicates that: (i) on 3 July 2015, the court of first instance found that the contracts of 20 workers had been legally and legitimately terminated; (ii) while nine workers withdrew their claims and requested that the court case be closed, other workers appealed the ruling, which was partially revoked by the Supreme Court of Bogota; and (iii) the enterprise filed an application for special judicial review of the ruling of the Supreme Court of Bogota and to date the court has not issued a final decision.
4. 19. With regard to the alleged arrests of workers of SINTRAIME after a work stoppage and possible existence of criminal charges against them, the Government indicates that the enterprise has confirmed that it has not filed criminal charges against the trade union organization and that, although in 2009 it filed a criminal charge against a former worker for damage to property, this charge had been withdrawn by the enterprise.
5. 20. The Committee takes due note of the information provided by the Government. While it regrets that it has not received information with respect to the final result of the court cases relating to the 30 dismissed workers, trusting that those cases have been concluded, and as it has not received any information in this regard from the complainants, the Committee considers this case is closed and will not pursue its examination.