584 OF 2000

(June 13)

Official Journal No. 44,043 of 14 June 2000

COLOMBIA CONGRESS

By which some provisions of the Substantive Labor Code are repealed and modified.

DECRETA:

ARTICLE 1o. Amend article 353 of the Substantive Labor Code, subrogated by Law 50 of 1990 article 38, which will remain so:

Article 353. Right of Association.

1. According to article 39 of the Political Constitution, employers and workers have the right to freely associate themselves in defense of their interests, forming professional associations. or trade unions; they have the right to join or to federate each other.

2. Professional associations or trade unions must adjust in the exercise of their rights and the performance of their duties, to the rules of this title and are subject to the inspection and surveillance of the Government, as far as public order is concerned.

Workers and employers, without prior authorization, have the right to constitute the organizations they deem appropriate, as well as to join them with the sole condition of observing the statutes of the same.

ARTICLE 2o. Amend article 358 of the Substantive Labor Code, which will remain so:

Article 358. Freedom of affiliation.

Trade unions are free-entry and workers ' retirement organizations. The statutes shall regulate the participation in institutions of mutual benefit established by the union with contributions from its members.

ARTICLE 3o. Amend the number to the third party of article 362 of the Substantive Labor Code, subrogated by Law 50 of 1990, Article 42, which will be as follows:

ARTICLE 362 numeral 3o. Conditions of admission.

ARTICLE 4. Amend the literals (e), (f) and (g) of Article 365 of the Substantive Code of Work subrogated by Article 45 of Law 50 of 1990. which will remain so:

Article 365. Union Registration.

Literal e) Nomina of the board and identity document.

Literal f) Full name of the affiliate staff with their corresponding identity card.

Literal g) Deroguese.

Documents dealing with (a), (b) and (c) may be gathered in a single text or minutes.

ARTICLE 5o. Amend article 370 of the Substantive Labor Code, subrogated by Law 50 of 1990, Article 49, which will remain so:

Article 370. Validity of the amendment.

No modification of the union statutes is valid and will not begin to govern, until the union organization has made its deposit, before the Ministry of Labor and Social Security.

ARTICLE 6o. Amend article 372 of the Substantive Labor Code, subrogated by Law 50 of 1990 Article 50, which will remain so:

Article 372. Legal effect of registration.

No union can act as such, nor exercise the functions that the law and its respective statutes indicate to it, nor exercise the rights that correspond to it, until the act of constitution has been registered with the Ministry of Labour and Social security and only during the validity of this registration.

In the municipalities where there is no Office of the Ministry of Labor and Social Security, the registration will be done before the mayor, who will have the responsibility to send the documentation to the office of the ministry of the nearest municipality, inside of the following 24 hours. The legal effects of the registration are based on the registration.

ARTICLE 7o. Derogate the literal d) of article 379 of the Substantive Labor Code and modify the literal and) which will remain so:

Article 379. Bans.

Literal e) Promote any work stoppages or stoppages, except in cases of strike declared in accordance with the law and of strike imputable to the employer, for non-compliance with obligations salary with your workers.

ARTICLE 8o. Derogate the numeral 3 of article 380 of the Substantive Labor Code, subrogated by Article 52 of Law 50 of 1990.

ARTICLE 9o. Repeal article 384 of the Substantive Labor Code.

ARTICLE 10. Amend article 388 of the Substantive Labor Code, which will remain so:

Article 388. Conditions for members of the Board of Directors.

In addition to the conditions that are required in the statutes, to be a member of the board of a union, you must be a member of the union organization; the lack of this condition invalidates the election.

ARTICLE 11. Amend the number to the third of the article 400 of the Substantive Code of the Work, subrogated by Decree-Law 2351 of 1965, Article 23, which is thus left:

Article 400. Retention of union dues.

Numeral 3. Upon written and signed communication by the president, the prosecutor and the treasurer of the federation, confederation, or trade union, the employer must retain and surrender federal and federal dues that the union is obliged to pay to the union. Second and third degree bodies to which you are affiliated. For this purpose, the statutes and constancy of affiliation of the union issued by the respective federation, confederation or trade union centre must be attached.

ARTICLE 12. Amend article 406 of the Substantive Labor Code, subrogated by Law 50 of 1990 article 57, which will remain so:

Article 406. Workers covered by the trade union.

They are covered by the union fuero:

(a) The founders of a trade union, from the day of their constitution to two (2) months after registration in the union register, without exceeding six (6) months;

b) Workers who, prior to registration in the union registry, enter the union, for whom the protection rules for the same time as for the founders;

c) Board members and subdirectives of any union, federation or confederation of trade unions, without going from five (5) main and five (5) alternates, and members of the sectional committees, without passing from one (1) principal and one (1) alternate. This protection shall be effective for the duration of the term of office and six (6) months longer;

(d) Two (2) of the members of the statutory commission of claims, who appoint the trade unions, the trade union federations or confederations, for the same period of the board of directors and for six (6) months more, without it being possible to exist in a company more than one (1) statutory claims commission. This commission will be appointed by the union organization that will group the largest number of workers.

PARAGRAFO 1o. They enjoy the guarantee of the union jurisdiction, in the terms of this article, the public servants, except those servers that exercise jurisdiction, civil authority, policy or management or administration.

PARAGRAFO 2o. For all legal and procedural effects the quality of the union jurisdiction is demonstrated by the copy of the board of registration certificate and/or executive committee, or with the copy of the communication to the employer.

ARTICLE 13. Create a new article in the Substantive Labor Code, which will be as follows:

Item 416-A. The trade union organizations of public servants have the right to be granted union permits by public entities so that those who are appointed by them can attend to the responsibilities arising from the law. of association and freedom of association. The National Government will regulate the matter, in consultation with the representatives of the trade unions.

ARTICLE 14. Amend article 422 of the Substantive Labor Code, which will remain so:

Article 422. Board of Directors.

To be a member of the executive committee and/or the board of a second or third degree organization, in addition to the conditions required in the statutes, you must be an active member of one of the affiliated organizations; the absence of such invalid condition of choice.

The condition of being an active member of one of the organizations referred to in the first paragraph of this article is not taken into account when it is duly established that the worker is threatened, dismissed or persecuted due to his or her activity. union, which must be declared by the absolute majority of the general assembly or the congress that makes the election.

ARTICLE 15. Amend article 425 of the Substantive Labor Code, which will remain so:

Article 425. Statu.s.The organizations of second and third graders have the right to freely draft their statutes and administrative regulations.

Such statutes shall contain at least:

The period of the directives or regulatory executive committees and the modalities of their choice, the integration of the same, the quorum and the periodicity of the meetings, the assemblies and/or congresses, the validity of the budgets and the requirements for the validity of expenditure.

ARTICLE 16. Amend the number to the second of article 432 of the Substantive Labor Code, which will remain so:

Article 432. Delegates.

ARTICLE 17. amend the fourth indent of Article 444 of the Substantive Labor Code, subrogated by Article 61 of Law 50 of 1990, which will be so:

Item 444 Section 4o. Before the assembly or assemblies, the trade union organizations interested or the workers, may give notice to the authorities of the work on the celebration of the same, with the sole purpose of being able to witness and to check the voting.

ARTICLE 18. Modify the first paragraph of the 3o number. Article 448 of the Substantive Labor Code, subrogated by Article 63 of Law 50 of 1990, which will remain so:

Article 448 numeral 3o. Declared the strike, the trade union or unions which group the majority of the workers of the company or, in default of these, of the workers in general assembly, will be able to put to the vote the totality of the workers of the company, if they desire or no, to hold the persistent differences to arbitral failure. If the absolute majority of them will opt for the court, the work will not be suspended or will resume within a maximum term of three (3) business days suspended.

Repeal points 2 and 3 of the 3o number. Article 448 of the Substantive Labor Code.

ARTICLE 19. Amend article 452 of the Substantive Code of Work Subrogated by Decree-Law 2351 of 1965, Article 34, which will remain so:

Article 452. Origin of the arbitration.

1. They shall be subject to compulsory arbitration:

(a) Collective conflicts of work that arise in the essential public services and which could not be resolved by direct arrangement;

b) Collective conflicts of work in which workers opt for arbitration, as set out in Article 444 of this Code;

c) The collective conflicts of the work of minority unions, as long as the absolute majority of the workers of the company have not opted for the strike when it is coming.

Collective conflicts in other companies may be subject to voluntary arbitration by agreement of the parties.

ARTICLE 20. Amend the numeral first of article 486 of the Substantive Labor Code, subrogated by Article 41 of Decree-Law 2351 of 1965, the which will remain so:

Article 486. Powers and sanctions.

1. The officials of the Ministry of Labor will be able to make their respective offices appear to the employers, in order to demand the information relevant to their mission, the display of books, records, plans and other documents, obtaining copies or extracts thereof. They may enter without prior notice, and at any time by means of their identification as such, in any company for the same purpose and order the preventive measures they deem necessary, advising experts as they believe it is appropriate to to prevent the violation of the provisions relating to working conditions and the protection of workers in the exercise of their profession and the right of free trade union association. Such measures shall have immediate application without prejudice to the legal remedies and actions entered in them. These officials do not, however, have the power to declare individual rights or to define disputes whose decision is attributed to the judges, but to act in such cases as conciliators.

Officials of the Ministry of Labour and Social Security shall have the same powers as are provided for in this number in respect of workers, directors or members of trade union organizations, provided that they mediate part of the union and/or the second and third degree organisations to which the trade union organisation is affiliated.

ARTICLE 21. This law governs from the date of its enactment.

The President of the honorable Senate of the Republic,

MIGUEL PINEDO VIDAL.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

NANCY PATRICIA GUTIERREZ CASTANEDA.

The Secretary General of the honorable House of Representatives,

GUSTAVO BUSTAMANTE MORATTO.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE.

Dada en Santa Fe de Bogota, D. C., on June 13, 2000.

ANDRES PASTRANA ARANGO

The Deputy Minister of Labour and Social Security, in charge of the functions of the

Office of the Minister of Labour and Social Security,

FABIO OLMEDO PALACIO VALENCIA.