Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in 2008 replying to its 2007 observation, as well as the Government’s report received in 2009 replying to its 2008 observation and to the comments made by the General Confederation of Labour (CGT).

Article 2, paragraph 1, of the Convention. Coverage. The Government informs that in 2007, 5,945,653 workers were affiliated to the general employment injury scheme. The Committee recalls that in 1998 the number of affiliates was 6,185,191 and asks the Government to explain the reasons behind this decreasing number of affiliates.

Coverage in the construction sector. The CGT draws attention to the lack of protection against employment accidents in the construction sector and the practical difficulties concerning the compensation of industrial accidents affecting the high incidence of workers in that sector who do not have an employment contract. In reply, the Government reports that the National Committee of Occupational Health in the Construction Sector has undertaken activities to promote health and prevent occupational accidents and diseases in the construction sector. The Committee further notes the information supplied by the Government regarding the implementation of section 4(e) of Decree No. 1295, under which employers who do not affiliate their workers to the general system of employment injury shall be responsible for the benefits guaranteed by the Decree in cases of occupational accidents, noting in particular judgements Nos 14038 and 21496 of the Supreme Court which upheld this obligation. The Committee asks the Government to indicate how the abovementioned Decree is applied to informal workers in the construction sector.

Article 5. Measures to ensure that lump-sum compensation will be properly utilized. In Colombia a worker suffering a permanent decrease in his or her capacity for work of between 5 and 50 per cent is accorded a payment of compensation in the form of a lump sum and his or her employment is protected for the remaining working capacity. Recalling that lump-sum compensation in such cases may be payable only if the competent authority is satisfied that it will be properly utilized, the Committee again expresses the hope that the Government will be able to introduce appropriate procedures which will strengthen the protection of the victims of employment injury against misuse of lump-sum payments.

Article 11. Payment of compensation in the event of insolvency of the employer or insurer. Law No. 712 of 2001 reformed the Labour and Social Security Procedural Code and provides for injunctive measures to be taken by the labour judge in case of employer insolvency. In addition, Law No. 1149 of 2007 establishes a system of oral proceedings which allows for a fast and efficient adjudication in cases in which employers do not pay workers’ compensation due to insolvency. The Committee notes this information with interest and would be grateful if the Government would keep it informed on the application in practice of these guarantees. Please specify how the Guarantee Fund for Financial Institutions (FOGAFIN) guarantees the provision of medical benefits to the victims of employment injuries in the event of insolvency of insurance companies authorized to operate in the employment injury insurance branch.