Building Constructive and Sound Labour Relations in Colombia – A contribution towards the improvement of labour practices in Colombia

Abstract

The study, Building Constructive and Sound Labour Relations in Colombia, contributes to improving labour relations and practices in Colombia. This study implements recommendation 1.5 of the Canada-Colombia Action Plan 2018-2021. The study finds that the legacy of the armed conflict, rampant labour informality, the lack of institutional capacity, the use of harmful labour practices, and the lack of collective will to eliminate the use of harmful labour practices as well as to update legislation and the functioning of institutions, generally, constitute the top five issues which inhibit an effective labour relations system in Colombia. However, the study recognizes that there is an opportunity to build on what exists in Colombia, drawing inspiration from principles and practices in the Canadian labour relations model, to develop a stronger Colombian labour relations system.

The study recommends that the parties abandon the use of harmful labour relations practices (e.g., collective pacts, union contracts and fragmentation of union representation) and embrace legislative and institutional changes that fit within Colombia’s current constitutional framework. The implementation of a culture of peace and cooperation in labour relations, the creation of mutual trust amongst stakeholders through consistent dialogue, the professionalization of independents and administrative agencies who are responsible for enforcing labour standards and resolving conflicts and reducing/eliminating labour informality are the tasks to be undertaken immediately to reduce conflict in the labour relations context. Finally, strengthening institutional capacity by creating a labour superintendency and a national centre for mediation and arbitration for labour relations would assist in building productive and sound labour relations in Colombia; for more details on this specific recommendation, see Appendix 7.

This study was led by a team of researchers assembled at the University of Ottawa and used a participatory methodology. The collaboration of six teams of Colombian researchers with expertise in labour relations was essential in understanding Colombian labour relations when the study began. Each team of Colombian experts prepared and presented a report; each is published as Appendix 1. Unfortunately, informal, and non-unionized workers (except for a group of employees in the flower sector) did not participate proportionately; even if informal workers represent half of the labour force in Colombia but they only partially participated anonymously in the study’s survey, the results of which appear as Appendix 2. Fortunately, all labour relations stakeholders in the formal sector (employers, unions, and government agencies) actively participated in 17 focus group sessions; the certified minutes can be found in Appendix 3. Also, a team of Canadian labour relations experts visited Colombia in February 2020 and exchanged experiences with their Colombian counterparts; this direct experience resulted in their reports published as Appendix 4. Although the Colombian labour relations experts could not visit Canada, they learned about the Canadian labour relations system through virtual/hybrid conferences and comparative legislation documents, the latter of which appear in Appendix 6. The Colombian delegates also produced their analysis of the current labour relations system in Colombia and offered insight into potential changes to it; these reports appear in Appendix 5.

We hope this study will contribute to social peace in Colombia through effective social dialogue resulting in an improved labour relations system developed through strengthened, independent, and impartial institutions.