Published on :

13/11/2024

Category :

International

Topics :

Collective bargaining
Trade union rights
Freedom of association

The complaint was submitted by CNV Internationaal on behalf of trade union organisations form Colombia and Peru, to address an alleged violation of Articles 267, 269, 271 and 277 of Title IX of the Trade Agreement between the European Union, Colombia and Peru, which relate to the fulfilment of obligations concerning decent work; more specifically the obligation to comply with fundamental labour rights, freedom of association and the right to equality.

In support of its allegations, the complainant trade unions have also drawn extensively on the relevant International Labour Organisation (ILO) Conventions that have been ratified by Peru and Colombia and on relevant reports and recommendations of the ILO Committee on Freedom of Association (CFA).

According to the complaint, Colombia's alleged violation of Title IX concerns the following 3 points:

  • Lack of compliance with international obligations by allowing outsourcing to make working conditions precarious and at the same time violate the right to ‘equal pay for work of equal value’. 
  • Failure to adopt legislation guaranteeing labour rights and limiting illegal employment intermediation. 
  • Failure to properly implement national legislation by not carrying out proper labour inspection. 

Peru's violation of Title IX arises from 3 different points:

  • Failure to comply with international obligations by permitting outsourcing to make working conditions precarious while at the same time limiting the right to freedom of association.
  • Failure to adopt legislation guaranteeing labour rights especially in relation to ILO Convention No. 98. 
  • Lack of adequate implementation of domestic legislation on inspections that carry penalties in the event of a company's refusal to comply with rulings imposed by the authorities.

For more details regarding the complaint, please see its full text here.
For more information about the Single Entry Point and to launch a complaint, please see here.