Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 367, Marzo 2013

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

1. 45. The Committee last examined this case, at its March 2009 session [see 353rd Report, paras 78–82]. On this occasion, the Committee regretted that the Government had failed to take into account its recommendations and had not taken the necessary measures to ensure compliance with the collective agreement signed between the Union of Public Officials of the “Evaristo García” University Hospital ESE (SINSPUBLIC) and the hospital, and requested the Government to take the necessary measures to ensure that the collective agreement signed in 2003 is duly applied and that, during its period of validity, stability is guaranteed for the workers who were employed on a temporary basis and fulfilled the conditions of section 24 (employment relationship) of the collective agreement. Furthermore, the Committee noted with regret that the Government had failed to send any information regarding measures adopted with a view to guaranteeing the right to collective bargaining of workers in the public sector and in the central public administration, and requested the Government to take measures without delay to promote legislative provisions in this regard.
2. 46. In its communication dated 25 February 2013, the Government indicates that in the framework of the Special Committee on the Handling of Conflicts referred to the ILO (CETCOIT) and with the assistance of the Office, the parties have achieved an agreement in relation to this case. The Government supplies an original of the agreement according to which the parties: (i) declare that the work stability requirements under section 24 of the collective agreement signed between the union and the administration have been fully complied with; (ii) commit to continue to give effect to the Committee’s recommendation and to the collective agreement; (iii) highlight the importance of fully respecting the ILO Conventions on freedom of association and collective bargaining; and (iv) request that both the Government and the ILO be informed of the above.
3. 47. The Committee notes this information with satisfaction. Furthermore, the Committee also notes with satisfaction the information communicated by the Government to the Committee of Experts on the Application of Conventions and Recommendations with regard to the adoption of Decree No. 1092 concerning the procedures for negotiation and resolution of disputes with public employees’ organizations.