GOC MOVES TO EXPEDITE CONGRESSIONAL APPROVAL OF

UNCLAS BOGOTA 008662 SIPDIS SIPDIS E.O. 12958: N/A TAGS: ELAB KJUS PGOV PHUM PTER CO SUBJECT: GOC MOVES TO EXPEDITE CONGRESSIONAL APPROVAL OF LABOR LEGISLATION ADDRESSING ILO CONCERNS REF: BOGOTA 4860 -------------- SUMMARY -------------- ¶1. In response to concerns identified by the International Labor Organization (ILO),the GOC has introduced bills in Congress that would bring Colombia's laws closer to ILO standards. The proposed legislation would: transfer authority for declaring whether a strike is legal from the executive to independent labor judges; make binding arbitration an option rather than a mandatory process after a strike has lasted 60 days; require workers' cooperatives to pay into the social security system and benefits programs; and levy heftier fines for cooperatives that do not comply with current laws. The GOC has made the bills' passage a top priority in the special legislative session, which it has called for February 1. End Summary -------------- -------------- INDEPENDENT JUDGES TO DECIDE ON LEGALITY OF STRIKES -------------- -------------- ¶2. The GOC introduced a bill on November 22 that would transfer authority for declaring whether a strike is legal from the Ministry of Social Protection (MSP) to independent labor judges. The bill also proposes employing mediation through a tripartite sub commission of the Commission on Wage and Labor Policies once a strike or work stoppage exceeded 60 days. The sub commission would be composed of one representative each from the government, the union, and management. If the parties cannot reach agreement after five days of mediation, the bill provides that either of the parties to the dispute may request that the case be submitted to a binding arbitration tribunal. This would revise current law, which has been criticized by the ILO because it imposes binding arbitration in any labor disputein which a strike or work stoppage has exceeded 60 days, regardless of whether the parties have requested it. -------------- -------------- TOUGHER ENFORCEMENT ON LAWS GOVERNING COOPERATIVES -------------- -------------- ¶3. A second GOC bill addresses workers' cooperatives (reftel). The bill would require workers' cooperatives to pay into the same welfare and benefits programs that traditional employers contribute to for each employee, including the National Learning Institute (SENA) and the Colombian Family Welfare program (ICBF). The bill also proposes stricter inspections and heftier fines for employers and contractors who unlawfully use the workers' cooperatives model to avoid paying workers required wages and benefits. The Third Commission of the House of Representatives passed the bill through the first round of debates on December 11. The House will debate the bill once more, and then pass it to the Senate for two debates, before it can become law. -------------- LAWS LIKELY TO BE ENACTED BY JUNE 2008 -------------- ¶4. Secretary of the Presidency Bernardo Moreno told us the GOC has made passage of the labor legislation a top priority for the beginning of 2008. The GOC has placed it on the agenda of the special congressional session called for February 1. Congress would not normally return to session until March 16. Labor Vice Minister Andres Palacio said he expects Congress to approve the workers cooperative bill by the end of April 2008 and the arbitration bill by the end of June. He said the GOC is still studying the ILO's recommendation to further limit which economic sectors are considered "essential public services," whose workers are not permitted to strike. Moreno noted that the GOC is also moving to strengthen the labor inspection unit, including boosting the number of inspectors, and will discuss with Peruvian officials on January 9 the labor legislation enacted by Peru prior to approval of the U.S.-Peru Trade Promotion Agreement. Nichols