ACT 278 OF 1996
Official Gazette No. 42783 of May 10, 1996
Permanent Commission on Wage and Labour Policies established by Article 56 of the Constitution. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. The Permanent Commission that Article 56 of the Constitution refers to be called Permanent Commission on Wage and Labour Policies. It will be attached to the Ministry of Labour and Social Security and will have a headquarters in the capital of the Republic and a departmental subcommittees. They can also be created when circumstances so require, by economic sector advisory committees.
. The Permanent Commission on Wage and Labour Policies shall have the following functions:
a) promote good labor relations in order to achieve justice in a spirit of economic coordination and social equilibrium;
B) contribute to the settlement of collective labor disputes under Title II of the second part of the Labour Code;
C) Set in concert wage policy, taking into account the constitutional principles governing the matter;
D) Establish a concerted manner the general minimum wage, taking into account that should guarantee a decent standard of living for the worker and his family;
E) Set in concert labor policy through strategic plans on these issues: welfare workers; adoption of new forms of job training; job creation; improving production and productivity; vital and minimum wage proportional to the quantity and quality of work; equitable redistribution of income; industrial restructuring and job retraining; worker participation in the management of enterprises; universal social security; guarantee the rights of women, child workers and other vulnerable workers and guarantee trade union rights;
F) Review the implementation of the measures and policies adopted in performance of its functions and set changes and adjustments that the Commission deems appropriate;
G) Define development strategies for independent workers and the solidarity economy;
H) To prepare bills on matters under its competence, for the government to present to the Congress;
I) When consulted by the Government to formulate annually on:
1. The government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference.
2. The proposals to be submitted to the authority and competent authorities in connection with the submission of Conventions and Recommendations pursuant to Article 19 of the Constitution of the ILO.
3. The review, at appropriate intervals of unratified Conventions and Recommendations to which has not yet given effect to consider what measures could be taken to promote their implementation and ratification as appropriate.
4. The issues arising out of reports to be communicated to the International Labour Office under article 22 of the Constitution of the International Labour Organization.
5. Proposals for reports of ratified Conventions;
J) its own regulations, as well as departmental subcommittees and sectoral committees;
K) All other functions arising from its primary functions that are necessary for full compliance with them.
ARTICLE 3o. Departmental subcommittees on Wage and labor policies have the following functions:
a) promote good labor relations within his department in order to achieve justice in a spirit of economic coordination and social equilibrium;
B) contribute to the settlement of collective labor disputes that arise in your department, under Title II of the second part of the Labour Code;
C) Set in concert labor policy through strategic plans in your department, in accordance with what about the National Commission on these matters has been set:
Welfare workers; adoption of new forms of job training; job creation; improving production and productivity; equitable redistribution of income; industrial restructuring and job retraining; worker participation in the management of enterprises; universal social security; guarantee the rights of women, younger workers and other vulnerable workers and guarantee trade union rights;
D) Define development strategies for independent workers and the solidarity economy.
. The functions of the sectoral committees will meet confined to the economic sector to which they relate and be to provide technical advice, aimed to seek the welfare of workers and seek to improve levels of production and productivity of the economic sector and analyze the factors that promote their competitiveness.
The 5th ARTICLE. The Permanent Commission on Wage and Labour Policies will be tripartite in their integration and it will be part:
a) On behalf of the Government:
1. The Minister of Labour and Social Security or his delegate, who will preside;
2. The Minister of Finance or his delegate;
3. The Minister of Economic Development or his delegate;
4. The Minister of Agriculture or his delegate;
5. The Director of the National Planning Department or his delegate.
B) Representing employers:
Five (5) representatives with their personal alternates, appointed by the most representative employers of the various economic sectors national associations union in weighted manner and in accordance with the share of each sector in the gross domestic product and employment generation.
To this effect, the Government will be based on the facts and figures produced by the National Administrative Department of Statistics.
1. Three (3) representatives, with their personal alternates, appointed or removed by the most representative trade union confederations in the country, determined based on the number of members that each of these has at election time, according to the census in such sense develop the Ministry of Social Protection.
2. One (1) with a deputy representative of pensioners, who will rotate every four years between the two (2) Confederations most representative pensioners.
3. One (1) representative of the unemployed who will rotate every four (4) years between the two (2) associations most representative unemployed in the country, determined based on the number of members that each of these has at election time , according to the census for that purpose develop the Ministry of Social Protection. Effective Notes
PARAGRAFO 1o. For the purposes of subparagraph d) of article 2., The cabinet ministers and the Director of National Planning Department, may not delegate, and if they do, for duly justified reasons, be solely a Deputy Minister and the Deputy Director.
PARAGRAFO 2o. In the deliberations of the Commission of the departmental subcommittees and committees they may be invited, with the right to speak, government officials, advisors, employers, workers or pensioners, as well as spokesmen for organizations of workers, pensioners and employers not represented on the Commission.
. Representatives of workers and employers will be elected for a period of four (4) years and may be reappointed.
Article 7. The Commission is permanent and will meet in accordance with its own rules. During their breaks, the Commission shall meet whenever one of the sectors represented in it so requests.
. The decisions of the Commission shall be taken by consensus. The vote of each representative sector will be that of the majority of its members.
PARAGRAFO. For fixing the minimum wage, the Commission shall decide no later than fifteen (15) December. If it is not possible to arrange the party or parties who disagree must compulsorily explain in writing the reasons for the exception within forty-eight (48) hours. The parties have an obligation to study these caveats and fix its position against them in the space of the next forty-eight (48) hours. Again, the Commission shall meet to seek consensus according to the evidence that may have been close friend before thirty (30) December.
When definitely no consensus on minimum wage fixing, for the immediately following year, to be achieved no later than thirty (30) December each year, the Government will be determined taking into account as parameters the inflation target the following year set by the Board of the Bank of the Republic and productivity agreed by the tripartite committee productivity coordinated by the Ministry of Labour and Social Security; in addition, the contribution of wages to national income, the increase in gross domestic product (GDP) and the consumer price index (CPI). Effective Jurisprudence
Article 9. In collective labor disputes, after the direct settlement stage, any of the sectors represented on the Commission may request that it be convened for the purpose of hearing the parties in conflict. For this purpose, the Commission may appoint an accidental subcommittee which will also be integrated in a tripartite manner.
The Commission or accidental subcommission, if necessary, act as conciliators, may propose formulas of arrangement aimed at resolving the labor dispute. The reluctance to attend by any party, not constitute an impediment to the Commission or the accidental subcommission in session.
Article 10. The Permanent Commission on Wage and Labour Policies will work with a Permanent Technical Secretariat under the Ministry of Labor and Social Security, in accordance with the regulations of the Commission.
Article 11. To authorize the government to open the budget appropriations and make transfers and other operations necessary for the implementation of this Act.
Article 12. This Law repeals Law 54 of 1987 and other rules that are contrary and governs from the date of publication.
The President of the honorable Senate, CESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR. Republic of Colombia
Government published and execute.
Given in Bogota, DC, 30 April 1996.
Ernesto Samper Pizano Minister of Finance and Public Credit, WILLIAM PERRY RUBIO
The Minister of Economic Development,
RODRIGO MARIN BERNAL.
The Minister of Labour and Social Security, ORLANDO OBREGON