Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 336, Mars 2005

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

1. 23. The Committee last examined this case at its November 2004 meeting [see 335th Report, paras. 50-65]. On that occasion the Committee made the following recommendations regarding the issues that remained outstanding:
   • As to the allegations regarding the mayor of Bogotá's refusal to negotiate collectively and the lack of regulation concerning the right to collective bargaining within the public service, the Committee notes with interest the adoption of Decree No. 137 of 29 April 2004 on the creation of the District Committee for Labour Dialogue and Coordination, established as a coordinating body for labour issues related to public servants of the Capital District. The Committee also notes that, as a first result of the District Committee's functioning, the increase in wages of the public employees of the Capital District has been agreed upon. Moreover, the Committee notes the creation of a forum for dialogue with the Union of Public Servants of the Districts and Municipalities of Colombia (UNES), with the aim of jointly analysing the successive pronouncements of the Committee on Freedom of Association. The Committee requests the Government to continue to keep it informed of the progress made in the area of collective bargaining in the public sector within the Capital District, as well as of any new agreements which might be reached. Taking into account the fact that it has examined various cases involving difficulties linked to collective bargaining in other areas of the public sector, the Committee hopes that similar measures will be adopted in those areas.
   • With regard to the alleged non-compliance with trade union agreements establishing certain advantages in respect of wages and benefits that have been recognized since 1992, the Committee notes that the Government states that Decree No. 1919 was called into question on several occasions before the Council of State and this high court is currently considering a ruling with regard to this issue. The Committee requests the Government to keep it informed as to the results of these proceedings once the rulings have been handed down.
   • As to the allegations regarding the dismissal of trade union officials belonging to SINTRABENEFICENCIAS for having formed a trade union organization in the Cundinamarca district, on which the Territorial Directorate of Cundinamarca was to issue the corresponding decision against the background of the administrative inquiry that has been initiated, the Committee requests the Government to provide it with a copy of this decision.
   • The Committee notes that the Government has not transmitted information on the suspension of the trade union immunity of the trade union officials dismissed from the Bogotá Council (SINDICONCEJO), and the allegations of SINTRAGOBERNACIONES regarding the failure to consult with the trade union during the preparation of a draft by-law aimed at modifying the Basic Statute of the Public Administration of Cundinamarca and reorganizing the structure of the Departmental Administration and requests the Government to transmit its observations in this respect.
2. 24. The Public Servants Union of Districts and Municipalities of Colombia (UNES) sent additional information in a communication of 12 January 2005, indicating that the decision of the Ministry of Labour and Social Protection dated 25 June 2003 did not take into account the appeal lodged by the trade union with the aim of verifying the dismissal of the officials of SINTRABENEFICENCIAS which took place without having lifted their trade union immunity, as it considered that the period for filing such appeal had lapsed.
3. 25. The Government sent additional information in communications dated 29 October and 18 November 2004. As regards the allegations concerning the dismissal of trade union officials of SINTRABENEFICENCIAS for having formed a trade union organization in the Cundinamarca district, the Government states that according to information received from the Cundinamarca charitable institution, restructuring of that body was ordered by its General Board in Decree No. 683 of 29 March 1996 and in Agreements Nos. 011 of 9 July 1996, 012 of 12 July 1996, 07 of 1994 and 016 of 18 July 1996, which provided for changes in staffing and the elimination of some posts. The Government adds that the administration of the charitable institution of Cundinamarca was not informed of the constitution of the trade union until 24 July 1996, by which time the workers had been informed of the elimination of posts through Agreement No. 016. The charitable institution then proceeded with restructuring, issuing Decisions Nos. 1259, 1291, 1297 and 1308 between July and August 1996. The Government states that the elimination of the posts in question involved payment of appropriate compensation in accordance with the collective agreement in force at the time. The Government provides an account of the proceedings initiated by the founding members of the trade union, the great majority of whom have been concluded with rulings favourable to the public body in question.
4. 26. As regards the judicial suspension of the trade union immunity of SINDICONCEJO officials, the Government states that in conformity with Agreement No. 29 of 2001, the Council of Bogotá Capital District has ordered that if posts must be eliminated in connection with changes to staffing in a public body, in cases where for legal reasons the employees in question cannot be removed immediately, they should be allowed to remain in their posts until any factors that prevent their dismissal cease to apply. Accordingly, Decision No. 275 ordered that the public servants with trade union immunity at that time be allowed to remain in their posts. This is still applicable, and none of the trade union officials working for the Bogotá Council have been removed.
5. 27. As regards the allegations relating to the dismissals of officials of SINTRABENEFICENCIAS for having formed a trade union organization in the Cundinamarca district, the Committee takes note of the information provided by the Government according to which the decisions and agreements regarding the restructuring of the charitable institution of Cundinamarca pre-date the notification given to that public body regarding the constitution of SINTRABENEFICENCIAS, and that the dismissed trade union officials were paid compensation in accordance with the collective agreement in force at the time. The Committee takes note of the fact that the majority of the judicial proceedings initiated by the dismissed officials have been concluded with rulings favourable to the public body. The Committee takes note of the information provided by the trade union organization concerning the administrative decision of the Ministry of Labour that the time period for filing the appeal had lapsed. The Committee nevertheless recalls that in a previous examination of the case, it had requested a copy of the decision arising from the administrative inquiry initiated by the Territorial Directorate of Cundinamarca [see the Committee's 332nd Report, para. 35]. Noting that the Government has sent no observations on this matter, the Committee once again requests the Government to provide a copy of the ruling in question.
6. 28. As regards the alleged suspension of the trade union immunity enjoyed by the SINDICONCEJO officials, the Committee notes the Government's information according to which Decision No. 275 ordered that the public servants who at that time enjoyed trade union immunity be allowed to remain in their posts, and that this is still applicable, as none of the trade union officials employed by the Bogotá Council have yet been removed. The Committee expects that any future dismissal of trade union officials resulting from the process of restructuring will take place only after trade union immunity has been suspended in accordance with national legislation.
7. 29. As regards the other issues that remained pending in the previous examination of the case, specifically, those concerning: (1) progress made with regard to collective bargaining in the public sector in the Capital District; (2) decisions of the Council of State concerning the legality of Decree No. 1919 which suspended certain wage and benefit payments required under the terms of collective agreements; and (3) the allegations by SINTRAGOBERNACIONES concerning failure to consult the trade union during the preparation of a draft by-law aimed at modifying the Basic Statute of the Public Administration of Cundinamarca and reorganizing the structure of the Departmental Administration, the Committee notes that the Government has not sent any information, reiterates its previous recommendations, and requests the Government to send the requested information without delay.