Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 349, Mars 2008

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

1. 72. The Committee last examined this case at its March 2007 meeting [see 344th Report of the Committee, paras 824–844]. On that occasion, the Committee made the following recommendations with regard to the outstanding issues:
   • - The Committee requests the Government, in conformity with Convention No. 98, to take measures to guarantee the right of ACOLFUTPRO to collective bargaining in its capacity as an occupational organization representing football players, either directly with football clubs or with the employers’ organization that these clubs choose to represent them. The Committee requests the Government to keep it informed in this respect;
   • - The Committee requests the Government to undertake an investigation in order to ascertain the existence of pressure, threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action and, should such allegations be confirmed, to take measures to punish the persons responsible appropriately. The Committee requests the Government to keep it informed in this respect.
2. 73. In its communication of 4 July 2007, the Government notes that the State of Colombia respects and recognizes the right of unionized and non-unionized workers to bargain collectively, in accordance with Convention No. 98. The Government, in accordance with domestic legislation and the international labour Conventions, has brought about an agreement and scheduled hearings in the present collective dispute. In the same way, the Office of the Vice-President of the Republic has held seven meetings in which ACOLFUTPRO, the Colombian Football Federation, DIMAYOR, COLFUTBOL, the representatives of both parties, the various sports clubs and the Vice-President participated.
3. 74. During those meetings, the issue of the Player’s Statute was raised, a recognition of the association by the sports clubs, the federation and the DIMAYOR, employment contracts, social security, right to work and the dispute resolution chamber. Presently, they are awaiting comments from the Colombian Football Federation before scheduling another meeting. The Government notes that the above demonstrates its willingness to resolve collective disputes involving workers’ organizations, even when they are not on the Ministry of Social Protection’s trade union register.
4. 75. The Government adds that, in accordance with the report presented by the Inspection, Monitoring and Control Unit, 27 administrative labour investigations have been initiated into the various sports clubs and the DIMAYOR. A list of those investigations has been included.
5. 76. In its communication of 16 November 2007, the Colombian Association of Professional Football Players (ACOLFUTPRO) noted with regard to the ongoing allegations that, on 22 May and 16 August 2007, the Ministry of Social Protection was asked to follow up the Committee’s recommendations and to report back, which the Government responded to on 1 October 2007 making reference to the meetings held in the Office of the Vice-President of the Nation to deal with the issue of the Player’s Statute. However, according to the complainant, the meetings held in the Office of the Vice-President were general in nature and did not deal with the resolution of the collective dispute ongoing since the list of demands was presented two years ago.
6. 77. With regard to the 27 administrative labour investigations that have been started, the complainant indicates that none of them refer to the Committee’s recommendation regarding the investigation to punish employers’ representatives who are threatening players. The Committee notes that the complainant reports that the dispute has been presented to the Special Committee for the Handling of Conflicts referred to the ILO (CETCOIT) in order to resolve the current dispute between football workers and their employers. Within that framework, on 7 November 2007, a meeting was held between ACOLFUTPRO and the employers’ representatives, during which the latter indicated that it was the Government’s responsibility to take measures to guarantee the right to collective bargaining.
7. 78. In that regard, the Committee recalls that in its capacity as the organization representing the rights of workers, in this case football players, ACOLFUTPRO should be able to bargain collectively to defend their interests. Therefore, the Committee takes note of the numerous meetings on the matter that have taken place to date, in the Office of the Vice-President and in CETCOIT. The Committee notes that in spite of this, the representatives of the clubs, that is to say the DIMAYOR and COLFUTBOL, refuse to bargain collectively with ACOLFUTPRO. The Committee recalls that it is the responsibility of the Government to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 880]. The Committee also recalls that both employers and trade unions should bargain in good faith, making efforts to reach an agreement, and that the existence of satisfactory labour relations depends primarily on the reciprocal attitude of the parties and their mutual trust. In these conditions, the Committee once again requests the Government to take measures to guarantee the right of ACOLFUTPRO to collective bargaining, in its capacity as an occupational organization representing football players, either directly with football clubs or with the employers’ organization that these clubs choose to represent them. The Committee requests the Government to keep it informed in this respect.
8. 79. With regard to the allegations of pressure and threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action, the Committee notes that, on the one hand, the Government indicates that, in accordance with the report presented by the Inspection, Monitoring and Control Unit, 27 administrative labour investigations have been initiated into the various sports clubs and the DIMAYOR and a list of those investigations has been included, and, on the other hand, ACOLFUTPRO alleges that those investigations do not refer to the alleged events but rather to other matters. The Committee observes that, according to the list sent by the Government, the investigations carried out by the Inspection, Monitoring and Control Unit began, in the majority of cases, before the Committee’s previous examination of the case and refer to different matters than those raised in the complaints. In these conditions, the Committee once again requests the Government to take the necessary measures to ensure that an investigation is carried out in order to ascertain the existence of pressure, threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action and, should such allegations be confirmed, to take measures to punish those responsible appropriately.