Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report and some earlier observations, which had been received on 24 December 2003, in response to its previous comments. It also notes the new comments made by the Union of Maritime and River Transport Workers (UNIMAR), dated 30 April, 27 July and 21 October 2004. In addition, the Committee notes the communication of the Workers’ Union of Administradora de Seguridad Limitada (SINTRACONSEGURIDAD), dated 23 December 2003, and the Government’s reply, dated 26 May 2004. All these comments concern problems of unpaid wages and the special protection of wage claims in bankruptcy proceedings.

With respect to the detailed comments of UNIMAR concerning the ongoing liquidation of the Merchant Navy Investment Company, S.A. (formerly the Grancolombian Merchant Navy, S.A.), the Committee notes the summary overview of the dispute provided by the Government and the information regarding the latest developments in the liquidation process. The Committee lacks, of course, any authority for intervening in the manner in which the judicial or administrative authorities deal with specific labour disputes, but feels obliged to recall the need for enhanced protection of workers’ earnings for work already performed, as required under the relevant provisions of the Convention. The Committee hopes therefore that the Government will make every effort to put in place accelerated payment procedures to ensure the rapid payment of workers’ privileged claims in similar proceedings. It accordingly requests the Government to keep it informed of any definitive settlement of the outstanding payments to the 23 employees and 774 pensioners of the Merchant Navy Investment Company.

As regards the comments of SINTRACONSEGURIDAD alleging non-payment of wages to former employees of "Conseguridad" for security services provided to Bancafe (formerly Banco Cafetero), the Committee notes the explanations of the Government and the judicial decision of 7 October 2003 in which it was concluded that the bank had no responsibility for settling any service-related claims that the employees of "Conseguridad" might have against their employing company in respect of services provided to the bank. Finally, with regard to previous complaints submitted by the Colombian Association of Airline Pilots (ACDAC), the Committee notes the Government’s indication that a labour administrative inquiry is in progress by the competent labour inspection directorate. The Committee trusts that the Government will not fail to report on the outcome of this inquiry and the measures taken to put an end to the accumulation of wage debts in the Intercontinental Aviation Company. The Committee seizes this opportunity to recall that a State that ratifies the Convention is required not only to apply it scrupulously to public employees but also to ensure that it is applied by local authorities and private enterprises. The Convention, as the Committee has pointed out on several occasions, does not offer ready-made solutions to phenomena such as large-scale wage crises or corporate bankruptcies, but serves as a reminder of the special nature of wages as the workers’ principal, if not sole, means of subsistence, hence the necessity for vigorous and effective action to eliminate abusive pay practices.