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Challenges in Colombian Labor: Urgent Reforms Needed for Progress

In Colombia, regression on labor issues persists, hindering its entry into the OECD. Urgent reforms are essential to address violence against unionists, labor informality, law enforcement gaps, and collective bargaining limitations. Current realities highlight the impunity for crimes against trade unionists and the escalating violence against social leaders, underscoring the urgent need for change. Labor law enforcement, protection of unionists, and formalization efforts require immediate attention to pave the way for a fair and progressive labor landscape in Colombia.

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Challenges in Colombian Labor: Urgent Reforms Needed for Progress

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  1. IN COLOMBIA THERE IS NO PROGRESS.WE ARE GOING BACKWARDS ON LABOR MATTERS, QUALITY OF EMPLOYMENT, FREEDOM OF ASSOCIATION AND PROTECTION OF TRADE UNIONISTS Facts that do not yet allow the entry of Colombia to the OECD

  2. REALITY AND URGENT NEEDS IN LABOR MATTERS • I- VIOLENCE AGAINST TRADE UNIONISTS PERSISTS IN COLOMBIA Necessary and urgent changes • II- LABOUR INFORMALITY AND SUBCONTRACTTING Necessaryand urgentchanges • III- LABOUR LAW ENFORCEMENT Necessaryand urgentchanges • IV- COLLECTIVE BARGAINING Necessaryand urgentchanges • Why changes should be made before and not after accession

  3. I- VIOLENCE AGAINST TRADE UNIONISTS PERSISTS

  4. VIOLATIONS OF THE LIFE AND INTEGRITY AGAINST TRADE UNIONISTS

  5. VIOLENCE AGAINST TRADE UNIONISTS CHANGED MODALITIES BUT REMAINS • Anti-union violence focused on activists and trade union leaders; • The acts of violence directed against trade union organizations as a whole increase; • There is a cross between violence and the criminalization of union action • The reactivation of anti-union violence in the rural sector

  6. THE ACTORS OF ANTI-UNION VIOLENCE ARE STRENGTHENED • > 50% of the cases the responsible actor is unknown • Of the rest, 70% of the perpetrators are paramilitary groups • 22% stateagencies • The least of the cases were the guerrilla, employer or common crime • "paramilitaries" are resuming the territories left by the FARC in Colombia

  7. IMPUNITY CONTINUES • Impunity for the crime of homicide is 87.0%, • The crime of threats, which constitutes the most suffered violation by trade unionists, has the highest impunity rate with 99.8%. • For crimes related to serious human rights violations, impunity in cases of trade unionists is extremely high, averaging 95.0%.

  8. VIOLENCE AGAINST SOCIAL LEADERS AND DEFENDERS OF HUMAN RIGHTS INTENSIFIES • In 2016 there were 117 murders of social leaders. • More than 170 leaders murdered in 2017 (1 murder every 2.1 days), • Increase of 45.29% of 2017 in relation to 2016. • This year there are more than 32 defenders of rights murdered

  9. THE VIOLATION OF THE FREEDOM OF ASSOCIATION IS NOT PENALIZED. LABOR JUSTICE IN CRISIS • Until today, there is no sentence for the crime of violation of the right of association, after 6 years of legislative amendment • In 2016, the Superior Council of the Judiciary reduced the number of judges dedicated exclusively to the trial of homicides committed against trade unionists from 3 to 1 • Two of the three magistrates of the Supreme Court of Justice prosecuted for corruption are from the Labor Chamber

  10. MEASURES TO PROTECT TRADE UNIONISTS ARE WEAKENED • Decree 2078 of 2017 excludes the spokespersons of the populations subject to protection, from the discussion of the need for the measures and the decision of their adoption. • Two trade unionists who were denied protection measures were killed (Fabián Espinosa y Over Rivera) • Protective measures are being disassembled • This month, protection measures were taken away from the presidents of the most representative trade unions in the most violent sectors in Colombia's trade union history: FECODE (350,000 Educators) SINTRAINAGRO (300,000 workers in the rural sector)

  11. THE WORKERS IN COLOMBIA WE NEED URGENTLY

  12. II- LABOUR INFORMALITY AND SUBCONTRACTTING • Out of 22,000,000 employed workers, only 7,800,000 are formal. 65% Informality. • 90% of rural workers in Colombia are in informality, according to the ILO • Only 36% of employed people are effectively contributing to pensions and only 51% of those employed are affiliated to the health contribution system • The forms of illegal subcontracting are maintained: -Cooperatives of associated work (Prohibited by law in 2010) -”Union contracts”. False unions to subcontract workers. Approximately 1500 per year -Civil or commercial contracts to hide real working relationships

  13. LABOR FORMALIZATION AGREEMENTS • Only 47 labor formalization agreements in 2017, with about 6035 workers formalized. • According to the Ministry of Labor, the formalization of 35,719 workers has been achieved 2010-2017= 0.2% of informal workers in the country • Of the 183 sanctions that the Ministry says it has imposed, only 25% have signed the Labor Formalization Agreement • In the labor formalization agreements are not linking all workers who came informal • Are workers are "formalized" with contracts of very short duration (3 or 6 months or up to one year) • The union organizations can not participate and verify the labor formalization agreement

  14. THE WORKERS IN COLOMBIA WE NEED URGENTLY

  15. III- LABOUR LAW ENFORCEMENT • Although the number of inspectors has increased, it has not increased the inspection • While in 2010 a total of 423 inspectors made 24,631 administrative inspections, in 2015, the 826 inspectors only made 3,099 • In 2010, 423 inspectors made 9,066 visits, in 2015 with twice as many inspectors, and a larger budget only 1,063 visits were made. • The Ministry since 2014 has promised to link the inspectors by administrative career • They have invested 5000 million in training of inspectors who will leave the Ministry • Since 2015 they have promised a Unique Information System that is not yet implemented in all inspections, that has no information in real time and that is not public. • Of more than 1800 complaints for the crime of violation of freedom of association, 85% have been closed without any result • Fines are minimal and do not persuade. <100 Salaries-25.000 USD

  16. THE WORKERS IN COLOMBIA WE NEED URGENTLY

  17. IV- COLLECTIVE BARGAINING • Low coverage of the negotiation <6% Total, <0,5% Private Sector • Collective Pacts • More than two years for the resolution of collective conflicts • Excessive interpretation of essential public services for the exercise of the strike

  18. THE WORKERS IN COLOMBIA WE NEED URGENTLY

  19. THANK YOU MERCI GRACIAS BEDANKT OBRIGADO DZIĘKUJĘ DANKE TACK ĎAKUJEM TAKK

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