Rapport définitif - Rapport No. 168, Novembre 1977

1. 170. The complaint from the National Union of Singer Sewing Machine Company Workers was submitted by a letter of 29 May 1976. The Government submitted its observations in a communication received on 28 February 1977.
2. 171. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 172. The complainants stated that workers of the Singer Sewing Machine multinational undertaking had been persecuted simply because they were members of a trade union organisation which the management did not like. The latter was said to have violated human rights, Conventions Nos. 87 and 98 and various Constitutional clauses and national laws. The complainants mentioned as evidence the closing of most of the undertaking's production and sales sectors, the dismissal, as a means of coercion, of over 300 workers and the systematic violation of the collective agreement between the undertaking and the complainant union. The undertaking was said to have reduced pay and to have violated other rights established by collective agreement.
2. 173. In its reply, the Government stated that two administrative investigations were at present under way within the appropriate inspection section of the Ministry of Labour following complaints against the Singer Sewing Machine Company from the union of that company's workers. The first complaint, relating to violation of freedom of association, was deposited on 12 April 1976 and resulted in the imposition of a fine of 10,000 pesos by Resolution No. 120 of 16 November 1976; an appeal had been lodged against this decision. The second related to alleged violation of the collective agreement. The events had occurred in the town of Medellín and, in view of the results of the investigations carried out, the labour inspectorate had imposed a fine of 10,000 pesos by Resolution No. 085 of 24 September 1976. An appeal had also been lodged against this decision.

B. B. The Committee's conclusions

1. 174. The Committee has already pointed out, particularly in another case concerning Colombia that, as long as protection against anti-trade union discrimination is effectively provided, the methods adopted to protect workers against such practices may vary from one State to another, but that, if discriminatory practices occur in a country, the Government concerned should, whatever methods may normally be used, take all necessary measures to remedy the situation.
2. 175. The Committee had also noted, in the aforementioned case, that the right of association is guaranteed and protected in Colombia by articles 353 and 354 of the Labour Code; in addition to providing for penal sanctions, these articles stipulate that the labour administration shall impose fines on guilty parties. Decree No. 3378 of 19 December 1962 is complementary to these provisions in that it lists the actions on the part of the employer which are considered as breaches of the right of association. This list consists essentially of the practices referred to in Article 1 of Convention No. 98. In addition, articles 405 to 413 of the Labour Code grant special immunity (fuero sindical) to certain trade union leaders and to the founders of a union as well as to workers who are members of it before the granting of legal status.
3. 176. In the present case, the information transmitted by the Government shows that two fines of 10,000 pesos were imposed on the Singer Sewing Machine Company, the first for infringement of freedom of association and the second for violation of a collective agreement. However, appeals have been lodged against both the decisions.