Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 368, Juin 2013

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

1. 18. The Committee examined this case at its March 2012 meeting [see 363rd Report, paras 33–37]. On that occasion, the Committee requested the Government: (1) as regards the allegations concerning the company ECOPETROL, to keep it informed of developments concerning the situation of five dismissed workers in Cartagena; moreover, noting that neither the complainant nor the Government had responded to its previous recommendation, the Committee: (i) invited the complainant to provide the Government with all information in its possession concerning the allegations that ECOPETROL SA, individually or otherwise, awarded benefits, increments or bonuses to non-union workers, thus encouraging disaffiliation from the union; and (ii) requested the Government to take the necessary measures to urgently carry out an independent investigation to determine the veracity of these allegations with all elements of information; (2) in relation to the refusal of the Chevron Petroleum Company to bargain collectively with the union, the appointment of a Compulsory Arbitration Tribunal and the appeal for annulment of the award instituted by the company and the union with the Supreme Court of Justice, to confirm that the appeal for annulment of the arbitral award filed by the company before the Supreme Court was rejected; and (3) to take the necessary measures, in consultation with the social partners, to submit a proposal to the legislature to amend national legislation (section 430(h) of the Labour Code) with a view to establishing the conditions for exercising the right to strike in the oil sector, with the possibility of providing for a negotiated minimum service, and with the participation of the trade unions, employers and public authorities concerned.
2. 19. In a communication dated 28 May 2013, the Government states that the Special Committee on the Handling of Cases referred to the ILO (CETCOIT) began its work in relation to the complaint and the allegations concerning the company ECOPETROL in August 2012, with the continued participation of the Prosecutor-General’s Office and the Ministry of Labour, and that, due to the work undertaken, the parties reached an agreement. The Government expresses thanks to the Director of the Department of International Labour Standards for all the support, technical assistance and guidance provided to the CETCOIT. The Government supplies a copy of the agreement reached, which states that it is considered essential to offer a final solution to the persons dismissed during the 2002–04 collective dispute, which will allow conclusion of the differences and achieve harmonious labour relations in a legal framework. In the agreement, the Workers’ Trade Union of the Petroleum Industry (USO) further states that the complaint in Case No. 2355 in regard to ECOPETROL SA should be considered closed.
3. 20. The Committee notes this information with interest. Furthermore, the Committee requests the Government to confirm that the appeal for annulment of the arbitral award filed by Chevron Petroleum Company with the Supreme Court of Justice was rejected, as well as to indicate whether steps have been taken in consultation with the social partners to submit a proposal to the legislature to amend national legislation (section 430(h) of the Labour Code) so as to establish the conditions for exercising the right to strike in the oil sector, with the possibility of providing for a negotiated minimum service, and with the participation of the trade unions, employers and the public authorities concerned.