1996 LAW 278

(April 30)

Official Journal No. 42,783 of 10 May 1996

Permanent Commission on the Coalition of Wage and Labor Policies created by article 56 of the Political Constitution.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. The Permanent Commission referred to in Article 56 of the Political Constitution will be called the Standing Committee on Policy Concertation. Wage and Labor. It will be attached to the Ministry of Labor and Social Security and will have a principal headquarters in the capital of the Republic and departmental subcommittees. Advisory committees by economic sectors may also be set up, where circumstances so require.

ARTICLE 2o. The Standing Committee on Wage and Labor Policy Concertation will have the following functions:

a) Promoting good industrial relations in order to achieve justice within a spirit of economic coordination and social balance;

b) Contribute to the solution of collective labour conflicts, referred to in Title II of Part Two of the Substantive Labour Code;

c) To set the wage policy in a concerted manner, taking into account the constitutional principles governing the matter;

(d) to set the minimum wage in a concerted manner, taking into account that a decent quality of life must be guaranteed for the worker and his family;

e) To set up a concerted approach to employment policy through strategic plans on these issues: Welfare of workers; adoption of new forms of job training; job creation; improvement of production and productivity; minimum vital and mobile remuneration proportional to the quantity and quality of the work; equitable redistribution of income; industrial conversion and labour requalification; participation of workers in the management of enterprises; universalisation of social security; guarantee of the rights of the woman, of the least worker and of other vulnerable workers and guarantee of trade union rights;

f) Review the implementation of the measures and policies adopted in the development of their functions and fix the changes and adjustments that the Commission creates appropriate;

g) Define development strategies for independent workers and the solidarity economy;

h) Prepare the bills in matters subject to their competence, so that the Government will present them to the Congress of the Republic;

i) Absolve the consultations that the Government makes annually on:

1. The governments 'responses to the questionnaires concerning the items included in the International Labour Conference Day Order and the governments' comments on the draft text to be discussed by the Conference.

2. Proposals to be submitted to the competent authority and authorities in relation to the submission of conventions and recommendations in accordance with Article 19 of the ILO Constitution.

3. The review, at appropriate intervals, of non-ratified conventions and recommendations which have not yet been taken into account to examine what measures could be taken to promote their implementation and eventual ratification.

4. Questions that may be raised by the reports to be communicated to the International Labour Office under Article 22 of the Constitution of the International Labour Organization.

5. Proposals for denunciations of ratified conventions;

(j) Its own regulation, as well as that of the departmental subcommittees and the sectoral committees;

k) All others that are detached from their primary functions and that are necessary for the fit to comply with them.

ARTICLE 3o. The departmental subcommittees of wage and labor policy concertation will have the following functions:

a) Foster good labor relations within your department in order to achieve justice within a spirit of economic coordination and social balance;

b) Contribute to the solution of collective labour conflicts in your department, as referred to in Title II of Part Two of the Substantive Labour Code;

c) To set the employment policy in a concerted manner through strategic plans in your department, in accordance with what the National Commission has set out in this respect, on these matters:

Welfare of workers; adoption of new forms of job training; job creation; improvement of production and productivity; equitable redistribution of income; industrial reconversion and labour requalification; participation of workers in the management of enterprises; universalisation of social security; guarantee of the rights of women, the least worker and other vulnerable workers and the guarantee of trade union rights;

d) Define development strategies for independent workers and the solidarity economy.

ARTICLE 4. The functions of the sectoral committees will be limited to the economic sector to which they correspond and will consist in providing technical advice, tending to seek the welfare of the workers and seek to improve the levels of production and productivity of the relevant economic sector and analyze the factors that promote their competitiveness.

ARTICLE 5o. The Standing Committee on the Concertation of Wage and Labor Policies will be tripartite in their integration and they will be a part of it:

a) On behalf of the Government:

1. The Minister of Labour and Social Security or his delegate, who will chair it;

2. The Minister of Finance and Public Credit or his delegate;

3. The Minister for Economic Development or his delegate;

4. The Minister of Agriculture or his delegate;

5. The Director of the National Planning Department or its delegate.

b) On behalf of employers:

Five (5) representatives with their respective personal substitutes, designated by the most representative national associations of employers of the different economic sectors of the country, in a weighted form and in accordance with the participation of each sector in the gross domestic product and in the generation of employment.

For the above effects, the government will rely on data and figures produced by the National Administrative Department of Statistics.

c) 1 of Law 990 of 2005. The new text is as follows: >

1. Three (3) Representatives, with their own personal substitutes, designated or removed by the most representative Trade Union Confederations of the Country, determined on the basis of the number of members each of them has at the time of the According to the census, the Ministry of Social Protection is prepared to do so.

2. One (1) representative with their respective alternate of the pensioners, who will be rotated every four years between the two (2) most representative pensioners confederations.

3. One (1) representative of the unemployed who will be rotated every four (4) years between the two (2) most representative unemployed associations in the country, determined on the basis of the number of members who each have at the time of the According to the census, the Ministry of Social Protection will be chosen for the purpose.

PARAGRAFO 1o. For the purposes of the literal d) of article 2o., the Ministers of the Dispatch and the Director of the National Planning Department, will not be able to delegate, and if they do, duly justified reasons, shall be exclusively in a Deputy Minister and in the Deputy Director.

PARAGRAFO 2o. The deliberations of the Commission, departmental subcommittees and committees may be invited, with the right of voice, government officials, employers ' advisers, workers, or (a) a pension scheme, as well as spokespersons for workers 'organisations, pensioners' and employers ' organisations not represented in the Commission.

ARTICLE 6o. Workers ' representatives and employers will be elected for a period of four (4) years, and may be re-elected.

ARTICLE 7o. The Commission will have a permanent character and will meet in accordance with its own rules. During its recesses, the Commission shall meet whenever one of the sectors represented on it so requests.

ARTICLE 8o. Commission decisions will be adopted by consensus. The vote for each representative sector shall be the vote of the majority of its members.

PARAGRAFO. For the minimum wage setting, the Commission must decide not later than fifteen (15) December. If it is not possible to arrange, the party or parties that do not agree must, obligatorily, explain in writing the reasons for the caveat within the next forty-eight (48) hours. The parties have an obligation to study these caveats and set their position in front of them within the next forty-eight (48) hours. Again, the Commission will have to meet in order to seek consensus on the basis of the elements of the case before 30 (30) December.

When consensus is definitely not achieved in setting the minimum wage, by the following year, at the latest by 30 December of each year, the government will determine it taking into account as parameters the goal of The following year's inflation was set by the Bank of the Republic and the productivity agreed by the tripartite productivity committee that coordinates the Ministry of Labor and Social Security; in addition, the contribution of salaries to income national, the increase in gross domestic product (GDP) and the consumer price index (CPI).

ARTICLE 9o. In the collective conflicts of work, completed the stage of direct arrangement, any of the sectors represented in the Commission may request that it be convened in order to hear the parties to the conflict. For such purposes, the Commission may appoint an accidental sub-commission which shall also be integrated in a tripartite manner.

The Commission or the accidental sub-commission, if any, will act as friendly components, being able to propose formulas of arrangement aimed at solving the collective conflict. The reluctance to attend by any of the parties shall not constitute an impediment to the fact that the Commission or the accidental sub-commission.

ARTICLE 10. The Permanent Commission for the Concertation of Wage and Labor Policies will work with a Permanent Technical Secretariat that will depend on the Ministry of Labor and Social Security, according to the with the regulation of the Commission.

ARTICLE 11. Facultate the Government to open the credits and carry out the budgetary transfers and other operations necessary for the implementation of this Law.

ARTICLE 12. This Law repeals Law 54 of 1987 and other rules that are contrary to it and governs from the date of its publication.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia _ National Government

Publish and execute.

Dada en Santafe de Bogota, D. C., on April 30, 1996.

ERNESTO SAMPER PIZANO

The Minister of Finance and Public Credit,

GUILLERMO PERRY RUBIO.

The Minister of Economic Development,

RODRIGO MARIN BERNAL.

The Minister of Labour and Social Security,

ORLANDO OBREGON SABOGAL.