Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 353, Mars 2009

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

1. 83. The Committee last examined this case at its March 2008 meeting [see 349th Report, paras 72–79]. On that occasion, the Committee requested the Government: (1) 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 chosen by the clubs to represent them; and (2) with regard to the allegations of pressure, threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action, 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 shown to be true, to take measures to punish those responsible appropriately.
2. 84. In its communication of 14 October 2008, ACOLFUTPRO states that it lodged an appeal requesting the intervention of the Attorney-General on 21 May 2008 with a view to preventing further violations of fundamental labour and collective bargaining rights. According to the complainant organization, on 22 September 2008, the Office of the Attorney-General issued a report on the alleged non-compliance with the rights of the football players. This report establishes the failure of the Ministry of Social Protection to comply with the recommendations of the Committee regarding collective bargaining, thus violating the right to collective bargaining of the workers of ACOLFUTPRO. The report also states that any measures which allow professional football players to conclude a definitive agreement which protects their labour rights must be adopted. In a communication of 25 February 2009, the Government denies the breach of any obligation on its part and contends that the nation’s vice-presidency had convened seven meetings in which ACOLFUTPRO, the Colombian football federation, DIMAYOR, Colfutbol and other sports clubs participated, and during which employment contracts, social security and dispute resolutions were discussed. As concerns the resolution of the Attorney-General, the Government indicates that in its decision the Attorney-General considered that ACOLFUTPRO had presented its demands to entities lacking the status of employers. The Committee observes that it is clear, from the report of the Attorney-General, that the latter found violations of the right to collective bargaining due to the Ministry of Social Protection’s endorsement of the procedure prescribed in the Labour Code concerning collective disputes, and that the Ministry of Social Protection must take all legal means and actions to enable workers in professional football to conclude an agreement that is final, fair and effectively protects their labour rights. In these conditions, the Committee requests the Government, in accordance with the ruling handed down by the Attorney-General, to take the necessary measures to guarantee the right of ACOLFUTPRO to collective bargaining.
3. 85. As to the allegations regarding pressure and threats of dismissal and other acts of discrimination directed at workers because of their decision to resort to strike action, in a communication dated 15 September 2008, the Government requests the complainant organization to provide information regarding the workers concerned, in order that it may launch the corresponding investigations. The Committee requests the complainant organization, without delay, to provide this information, so that the Government can carry out the corresponding investigations.