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

The Committee recalls its previous comments further to the many observations made by the trade union organizations concerned regarding problems of wage arrears in certain public and private sector enterprises, and the protection of wage claims in the context of judicial bankruptcy proceedings.

1. The Committee notes the Government’s detailed reply to the comments of SINTRACONSECURIDAD, received on 21 March 2006, in which the Government refers exhaustively to the various court decisions which found that the Banco Cafetero, now the BANCAFE, is not responsible out of solidarity for the payment of the wages and social benefits of employees of the subcontracting company CONSEGURIDAD and that, consequently, the former workers, who have exhausted all the channels of appeal available, have to comply with court decisions which have the effect of res judicata. In this respect, the Committee takes due note of the Government’s explanations and recalls that it has no powers to intervene in the manner in which the judicial authorities have adjudicated.

2. With regard to the comments of the Colombian Association of Airline Pilots (ACDAC) concerning the accumulation of wage arrears in the Intercontinentale aviation company, the Committee notes the Government’s reply in which it indicates that, following many inspections and meetings which were unproductive, the inspection services imposed a fine of an amount of 10,740,000 pesos (around US$4,900), equivalent to 30 times the minimum wage, on the enterprise. The Government adds that the sanction was notified to the persons concerned, in accordance with ruling No. 01 of 1984, so that they could avail themselves of the respective recourse procedures. The Committee notes the information that no appeals have been lodged and that the case is currently closed.

3. The Committee also notes the communication of the National Association of Health, Social Security and Allied Service Workers and Public Employees (ANTHOC), dated 9 March 2006, concerning the dispute between the employees of the public hospital San Juan de Dios and the management of the establishment concerning unpaid wages. In its reply, the Government announces that a loan contract has been concluded with the Beneficiencia de Cundinamarca which will cover the settlement of the wage debts of the former San Juan de Dios foundation, to which the public hospital and the maternal and children’s institute belong. The Government adds that the funds will be paid when the Beneficiencia de Cundinamarca is capable of issuing a fiduciary order for direct payment to the beneficiaries. The Committee requests the Government to keep it informed of any progress achieved with a view to the definitive settlement of the dispute.

4. With regard to the latest comments of the Union of Maritime and River Transport Workers (UNIMAR), dated 30 May 2006, which essentially go over the background to the dispute concerning the liquidation of the Merchant Navy Investment Company, S.A., the Committee notes the Government’s detailed information, particularly ruling No. 801 of 26 April 2006, through which the Territorial Directorate of Cundinamarca repealed the Order of 14 April 2003 calling for the establishment and accreditation of cautions and other guarantees and the definitive closure of the enterprise. The Committee also notes that appeals have been made against this administrative decision and that they are under investigation. It requests the Government to keep it informed of any progress achieved with a view to the definitive settlement of the dispute.