Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 355, Noviembre 2009

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

1. 43. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paras 83–85]. On that occasion, the Committee: (1) requested the Government to take the necessary measures to guarantee the right of ACOLFUTPRO to collective bargaining, in accordance with the ruling handed down by the Attorney-General, which was noted in the previous examination of this case; and (2) requested the complainant organization, without delay, to supply information on the allegations of pressure, threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action, in order to allow the Government to launch the corresponding investigations.
2. 44. The Committee notes that in a communication dated 7 May 2009, ACOLFUTPRO states that despite the Government’s recommendations, it has still not been able to bargain collectively with the football clubs, and the national football federation and league.
3. 45. In communications dated 29 April and 9 July 2009, the Government states that in accordance with national legislation and international labour standards, it arranged a consultation hearing on 7 July of this year, in which ACOLFUTPRO, DIMAYOR, and 32 clubs participated. The hearing included a discussion of the matter of collective negotiations. The clubs expressed the willingness to begin talks provided that it conformed to legislation in force. Each club would negotiate individually on the basis of the particular list of demands put forward, given that the economic condition of each club varied. ACOLFUTPRO, however, reiterated its insistence that bargaining should be conducted on a joint, rather than individual, basis. In the light of this, the Deputy Minister of Labour Relations proposed that a series of exploratory meetings be held with each of the parties in order to bring them closer together. According to the Government, this shows its willingness to resolve collective disputes, because although the Government is obliged to create the conditions for reaching an agreement, it is not supposed to apply pressure on the parties. The Committee notes the efforts of the Government to promote collective bargaining, recalls that the degree of collective bargaining depends essentially on the willingness of the parties concerned, and expects that the process of dialogue or other legal means of resolving disputes will enable this dispute to be resolved in the near future.
4. 46. As regards the allegations of pressure, threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action, the Committee observes that despite its invitations, the complainant organization has not provided sufficient information to enable the Government to carry out the corresponding investigation. The Committee will accordingly not pursue its examination of this situation.