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The Committee notes the information provided in the Government’s report. It would, however, be grateful for further information on the following points.
Article 3, paragraph 2, of the Convention. Minimum wage-fixing machinery and the application of minimum wages. The Committee notes Decree No. 4686 of 21 December 2005 which fixes the national minimum wage for 2006 at 408,000 pesos (around US$183) a month for all sectors of activity, without geographical distinction. It also notes the Government’s indication that, at the national level, the Standing Committee on the Coordination of Wage Policies and Labour has established a workplan providing the basis for the establishment of a round table with public sector unions; the reactivation of the Public Sector Dialogue Subcommittee; and the meeting of a working group on wages and social benefits. The Committee also notes the indication that these measures were included in the recommendations made during the tripartite visit held between 24 and 29 October 2005, which also include the reactivation in the near future of existing tripartite institutions, namely the Inter-institutional Commission for the Promotion of Human Rights, the Special Commission to Address Disputes Brought to the ILO and the Standing Committee on the Coordination of Wage Policies and Labour. The Committee requests the Government to keep it informed of any development in this field.
Article 4, paragraph 1, and Part V of the report form. The Committee notes the information relating to the minimum wage rates applied between 2003 and 2006. The Committee, however, recalls its previous comments in which it noted that the non-observance of the minimum wage was among the infringements observed most frequently, according to statistics on the outcome of inspections, and it requested additional information on the measures adopted or envisaged to ensure the application of rules respecting minimum wages throughout the national territory and in all sectors of activity, including the agricultural sector. The Committee regrets that the Government’s last reports do not contain any new information on the application in practice of Conventions Nos 26 or 99, or on the impact of the recent reorganization of the labour administration, by virtue of Decree No. 205 of 3 February 2003, on the effectiveness of labour inspection activities. It would therefore be grateful if the Government would continue providing general information including, for example, on the number of workers paid at the minimum wage rate by sector, fluctuations in the rate of minimum wages in relation to the inflation rate over the same period, extracts from the reports of the inspection services indicating the number of infringements reported and the penalties imposed, and any other official document relating to the operation and supervision of the minimum wage system.
The Committee notes the Government’s report.
Article 3, paragraph 2, of the Convention. The Committee notes Decree No. 3232, of 27 December 2002, determining the national monthly minimum wage rate for workers in all sectors, without distinction as to branch of activity or geographical region. The Committee also notes the Government’s statement that it is currently reactivating the Regional Consultative Committees on Wages and Labour Policies in the various regions of the country (for example, Valle del Cauca, Antioquia, Bolivar, Risaralda, Santander and Atlantico) and that these tripartite bodies are intended to discuss and examine socio-labour strategies at the regional level. The Committee requests the Government to keep it informed of any developments relating to the operation of these consultative bodies relating to the minimum wage at both the national and regional levels. With reference to its previous observations, the Committee requests the Government to provide information on developments in the situation in the agriculture and food sector and as regards teachers and on the measures adopted or envisaged to guarantee the application of minimum wage provisions throughout the national territory and in all sectors of activity.
Article 4, paragraph 1, and Part V of the report form. The Committee notes Decree No. 205, of 3 February 2003, determining the functions of the Labour Inspection, Supervision and Control Unit in the new Ministry of Social Protection. The Committee notes that the functions of this body will include directing, coordinating, developing and evaluating inspection, prevention, supervision and control activities throughout the national territory with a view to ensuring compliance with labour provisions in both the public and private sectors. The Committee also notes the statistical table on the inspections carried out during the period 2000-02. In this respect the Committee requests the Government to provide more detailed information on the enforcement machinery (such as the inspections carried out, the violations reported, sanctions imposed, etc.) in the various branches of activity, including the agricultural sector. The Committee also requests the Government to provide general information on the application of the Convention in practice, including: (i) changes in minimum wage rates over recent years; (ii) statistical data on the number and various categories of workers covered by minimum wage regulations; and (iii) official studies on issues relating to minimum wages.
The Committee notes that the Government’s report contains only superficial information which does not 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:
The Committee notes the information provided by the Government on Act No. 278 of 1976 governing the membership and duties of the Standing Committee on the Coordination of Wage Policies and Labour, established under section 56 of the Constitution. It notes that this committee - a tripartite body containing employers’ and workers’ representatives on an equal footing - is, inter alia, responsible for fixing by means of consultation the general minimum wage, taking into account the need to ensure a quality of life worthy of a worker and his family. Finally, with reference once again to the previous comments concerning the failure to observe minimum wage rates between 1988 and 1992 - given the results of the inspection visits made in the first half of 1988 and the second half of 1992 respectively - the Committee hopes that the Government will soon be able to provide information and explanations on this matter. It also hopes that the Government will provide information on the application of the Convention, by indicating for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.
The Committee notes the information provided by the Government on Act No. 278 of 1976 governing the membership and duties of the Standing Committee on the Coordination of Wage Policies and Labour, established under section 56 of the Constitution. It notes that this committee - a tripartite body containing employers’ and workers’ representatives on an equal footing - is, inter alia, responsible for fixing by means of consultation the general minimum wage, taking into account the need to ensure a quality of life worthy of a worker and his family.
Finally, with reference once again to the previous comments concerning the failure to observe minimum wage rates between 1988 and 1992 - given the results of the inspection visits made in the first half of 1988 and the second half of 1992 respectively - the Committee hopes that the Government will soon be able to provide information and explanations on this matter. It also hopes that the Government will provide information on the application of the Convention, by indicating for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.
The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:
Application of the Convention in the agriculture and food sector The National Union of Food Industry Workers (SINALTRAINAL) has provided an observation concerning the refusal by certain enterprises in the agriculture and food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. Noting the absence of a response from the Government, the Committee requested it to indicate the measures taken or envisaged to ensure that the minimum wage rates fixed are binding, in accordance with Article 3, paragraph 2, of the Convention, and are effectively applied, in accordance with Article 4. The Committee notes the very detailed information provided by the Government on the procedure initiated by SINALTRAINAL. In this regard, the Government considers that the Minister of Labour and Social Security has observed all existing positive law procedures. The Committee observes, however, that the Government’s report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector. Application of the Convention to teachers In the previous comments relating to the wage rules for teachers in the public sector, the Committee requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable, in accordance with the statutory minimum wage for the national territory, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question. The Committee notes that the Government has provided information on the decentralization and financing of the education system but does not provide an initial response to the points raised by the Committee. Consequently, the Committee again requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable to teachers, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question. Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers’ wages in the private sector to the wages of the corresponding category in the public sector must now be one to one. The Committee requests the Government to indicate the measures taken or envisaged to amend section 197 of Act No. 115 of 8 February 1984 and, where necessary, to provide a copy of the new text.
The National Union of Food Industry Workers (SINALTRAINAL) has provided an observation concerning the refusal by certain enterprises in the agriculture and food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. Noting the absence of a response from the Government, the Committee requested it to indicate the measures taken or envisaged to ensure that the minimum wage rates fixed are binding, in accordance with Article 3, paragraph 2, of the Convention, and are effectively applied, in accordance with Article 4.
The Committee notes the very detailed information provided by the Government on the procedure initiated by SINALTRAINAL. In this regard, the Government considers that the Minister of Labour and Social Security has observed all existing positive law procedures.
The Committee observes, however, that the Government’s report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector.
In the previous comments relating to the wage rules for teachers in the public sector, the Committee requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable, in accordance with the statutory minimum wage for the national territory, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.
The Committee notes that the Government has provided information on the decentralization and financing of the education system but does not provide an initial response to the points raised by the Committee. Consequently, the Committee again requests the Government to provide copies of the texts in force concerning the minimum wage rates applicable to teachers, to indicate whether these rates apply to all regions, including the Department of Santander which was expressly referred to in the observations made previously by the General Confederation of Workers (CGT), and finally to indicate the measures taken or envisaged to ensure the application at local level of the minimum wage rates in question.
Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers’ wages in the private sector to the wages of the corresponding category in the public sector must now be one to one.
The Committee requests the Government to indicate the measures taken or envisaged to amend section 197 of Act No. 115 of 8 February 1984 and, where necessary, to provide a copy of the new text.
The Committee hopes that the Government will not fail to take the necessary measures in the near future.
The Committee notes the information provided by the Government on Act No. 278 of 1976 governing the membership and duties of the Standing Committee on the Coordination of Wage Policies and Labour, established under section 56 of the Constitution. It notes that this committee -- a tripartite body containing employers' and workers' representatives on an equal footing -- is, inter alia, responsible for fixing by means of consultation the general minimum wage, taking into account the need to ensure a quality of life worthy of a worker and his family.
Finally, with reference once again to the previous comments concerning the failure to observe minimum wage rates between 1988 and 1992 -- given the results of the inspection visits made in the first half of 1988 and the second half of 1992 respectively -- the Committee hopes that the Government will soon be able to provide information and explanations on this matter. It also hopes that the Government will provide information on the application of the Convention, by indicating for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.
The Committee notes the information provided in the Government's report.
Application of the Convention in the agriculture and food sector
The Committee observes, however, that the Government's report does not contain any information on the outcome of the procedure. Consequently, it requests the Government to provide information on the results of the procedures in respect of the application of the increases in minimum wages in the agriculture and food sector.
Application of the Convention to teachers
Furthermore, the Committee notes the statement by the Government that section 197 of Act No. 115 of 8 February 1984 provides that the minimum wage for teachers in the private sector should not be below 80 per cent of that which is applicable to the corresponding category in the public sector. The Constitutional Court in case No. C-252/95 of 7 July 1995 dismissed the application of this provision; accordingly the ratio of teachers' wages in the private sector to the wages of the corresponding category in the public sector must now be one to one.
1. In its previous comments, the Committee noted that a draft Act has been prepared to regulate the composition and the functioning of the Permanent Commission under article 56 of the Constitution. The text of the draft Act available to the Committee provides for the minimum wage fixing by the tripartite Permanent Labour Commission, and in the case of failure to reach consensus, by the Government's decree. These provisions would ensure legislative conformity with the Convention. The Committee further notes that the second paragraph of section 3 of the draft Act stipulates the possibility of inviting, among others, employers' and workers' organizations not represented in the Commission to discussions on minimum wage fixing, with the right to speak, and considers that this provision could perhaps be improved by also requiring equality of representation and powers between the employers and the workers. The Committee requests the Government to supply information on the progress made towards the enactment of this draft Act and, when it is in force, on the establishment of the Commission and the minimum wage fixed under it.
2. The Committee noted in its previous comments that the statistical publication attached to the Government's earlier report on Convention No. 81 included a table (page 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage had been the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerated the five most frequent infringements observed in the first half of 1992, which did not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system, in accordance with Article 5 of the Convention and point V of the report form.
The Committee notes the observations made by the National Union of Food Industry Workers (SINALTRAINAL) concerning the refusal by certain enterprises in the food sector to apply the 19.5 per cent adjustment of the minimum wage for all Colombian workers decided upon by the Government as from 1 January 1996. It notes that these observations were transmitted to the Government by a letter dated 26 February 1996.
In the absence of a reply by the Government, the Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that the minimum rates of wages which have been fixed are binding on the employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention and are effectively applied in accordance with Article 4.
With reference to its previous comments, the Committee notes that section 175 of the General Education Act (No. 115 of 8 February 1994) provides that the wage system of educational staff in state services at the departmental, district and municipal levels shall be determined by Legislative Decree No. 2277 of 1979, Act No. 4(a) of 1992 and other texts which amend or supplement them. The Committee requests the Government: (i) to transmit the texts that are in force concerning the minimum wage rates applicable in accordance with the statutory minimum wage established for the national territory; (ii) to indicate whether these rates apply to all regions, including the Department of Santander, which was explicitly mentioned in the observations made previously by the General Confederation of Workers (CGT); and (iii) to indicate the measures which have been taken or are envisaged to ensure the application at the local level of the above minimum wage rates.
1. The Committee notes that the Government has not replied to its previous direct request. It however notes that a draft Act has been prepared to regulate the composition and the functioning of the Permanent Commission under article 56 of the Constitution. The text of the draft Act available to the Committee provides for the minimum wage fixing by the tripartite Permanent Labour Commission, and in the case of failure to reach consensus, by the Government's decree. These provisions would ensure legislative conformity with the Convention. The Committee further notes that the second paragraph of section 3 of the draft Act stipulates the possibility of inviting, among others, employers' and workers' organizations not represented in the Commission to discussions on minimum wage fixing, with the right to speak, and considers that this provision could perhaps be improved by calling for the equality between the employers and the workers. The Committee requests the Government to supply information on the progress made towards the enactment of this draft Act and, when it is in force, on the establishment of the Commission and the minimum wage fixed under it.
2. The Committee noted in its previous direct request that the statistical publication attached to the Government's earlier report on Convention No. 81 included a table (page 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage had been the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerated the five most frequent infringements observed in the first half of 1992, which did not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system (Article 5 and Part V of the report form).
The Committee notes the information supplied by the Government in reply to the observations made by the General Confederation of Labour (CGT).
The Government indicates that teachers can be engaged on the basis of labour contracts and civil contracts and refers in this connection to a Decree No. 222 of 1993. It describes two methods implemented in 1993 as follows: (a) a system of provision of services ("Ordenes de Prestación de Servicios"), for the primary level, with a period of 10 months and a monthly remuneration of 110,000 pesos; (b) "Horas Catedra", for the secondary, with 13 months of salary, including social benefits. The Government states that these rates are in conformity with the statutory minimum wage established for the national territory.
The Committee notes that Decree No. 0222 of 1993 published in the Official Gazette of 1 February 1993 concerns neither education nor remuneration, and requests the Government to communicate the text of the Decree it referred to. It requests the Government to indicate whether the above rate of 110,000 pesos per month is applicable to all the regions including the Department of Santander, which was specifically memtioned by the CGT, and also to describe how it is ensured that the above-mentioned conditions are observed at local level.
The Committee is also addressing a direct request to the Government concerning certain points.
1. The Committee notes the Government's indication that the permanent tripartite commission under article 56 of the 1991 Constitution which would regulate, among other things, the wages and labour policies has not yet been created. In the meantime, section 147 of the Substantive Labour Code, as amended by section 19 of Act No. 50 of 28 December 1990, provides for the minimum wage fixing by the National Labour Council by consensus, and in the case of failure to reach consensus, by the Government's decree. Noting the information supplied by the Government on the evolution of the minimum wage, the Committee requests the Government to indicate whether the minimum wage has been fixed by the National Labour Council or by the Government's decree. If the latter is the case, please also indicate the means by which the employers and workers concerned are associated in the minimum wage fixing as required by Article 3, paragraph 2(2), of the Convention. The Committee hopes that the Government will provide information in due course on any development regarding the establishment of the commission under article 56 of the Constitution, and on other measures affecting the application of the Convention.
2. Further to the previous comments, the Committee notes the information supplied in the Government's report on Convention No. 99, concerning the restructuring of the labour inspection services with the emphasis on the preventive aspects.
The Committee also notes the information on the labour inspection and other statistical data provided with the Government's report on Convention No. 81. It notes in particular that the statistical publication attached to it includes a table (p. 127) showing the results of inspection visits in the first half of 1988, according to which the non-observance of the minimum wage was the most frequent infringement observed. However, the supplementary report on Convention No. 81 received in September 1992 enumerates the five most frequent infringements observed in the first half of 1992, which do not include the non-observance of the minimum wage. The Committee would therefore be grateful if the Government would provide further information and explanations in this regard. It hopes that the Government will continue to supply information on the practical application of the Convention, including for example the number of workers covered by the minimum wage system (Article 5 and Part V of the report form).
The Committee notes the observations made in April 1992 by the General Confederation of Labour (CGT) concerning the payment of wages at less than the legal minimum rate to teachers on contract in the Department of Santander, a copy of which was communicated to the Government in May 1992. It notes that the Government does not give its comments on this issue in its report. The Committee requests the Government to communicate information on the enforcement of the minimum wage rates with particular reference to the above-mentioned workers.
The Committee notes with interest the information provided by the Government in its reports of 1986, 1987 and 1988, concerning the minimum wage rates fixed for these years. The Committee also notes that the Government intends to restructure the Ministry of Labour and Social Security, devoting particular attention to labour inspection services.
The Committee also notes the information supplied by the Government concerning home work and the decision handed down in 1912 by the Supreme Court of Justice with regard to work at home. The Committee hopes that the Government will provide information about more recent court decisions concerning work at home.
Furthermore, the Committee notes that the statistical data provided by the Government concern the sums paid during the period September to October 1987 following the settlement of individual complaints and to the number of undertakings visited that received warnings for infringements of certain labour standards, including failure to pay wages on the date due. However, the Committee found no data on the activities of the labour inspectorate relating to undertakings visited and at which infringements of minimum wage standards were found to have occurred. Further to its previous comments, the Committee requests the Government to supply statistics data on the number of workers covered by the minimum wage system or of those whose wages have been determined by collective agreement (Article 2 of the Convention), as well as information on the activities of the labour inspectorate in connection with the application of this Convention (Article 5 and Part V of the report form). In this connection, the Committee also hopes that the Government will provide information in due course on the changes affecting the Ministry of Labour and Social Security and, in particular, on measures affecting labour inspection with regard to the application of this Convention.