Colombia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Colombia’s overall score is 75.5 out of 100. The overall score for Colombia is greater than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Colombia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1976 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1976.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§39 of the Constitution of Colombia 1991; §353-367 of the Substantive Labour Code, 1950

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§55 of the Constitution of Colombia 1991; §467-480 of the Substantive Labour Code 1950

Does the law provide for the right to strike?

No

0

§56, Constitution of Colombia 1991; §430, Substantive Labour Code 1950; CEACR C87 Obs. 2023; ITUC Global Rights Index 2024 (Colombia Profile)

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§450(2) of the Substantive Labour Code 1950; CEACR C87 Obs. 2020

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §39 of the Constitution of Colombia 1991; §353-367 of the Substantive Labour Code, 1950

Information

Source: §55 of the Constitution of Colombia 1991; §467-480 of the Substantive Labour Code 1950

Information

Source: §56, Constitution of Colombia 1991; §430, Substantive Labour Code 1950; CEACR C87 Obs. 2023; ITUC Global Rights Index 2024 (Colombia Profile)

A : National Law

National Labour Legislation

"ARTICLE 430. Pursuant to the National Constitution, strikes in public services are prohibited. For this purpose, the following are considered as such: a). Those provided in any of the Branches of Public Power. b). Those of land, water and air transport companies; and of water, electric power and telecommunications; c). Those of health establishments of all kinds, such as hospitals and clinics; d). Those of social assistance, charity and charitable establishments; e). Those of dairy plants, market places, slaughterhouses and all distribution agencies of these establishments, whether official or private; f). All hygiene and cleanliness services for the populations; g). Activities involving the transportation and distribution of petroleum-derived fuels, when they are intended to supply the country. However, when the collective suspension of work in petroleum exploitation and refining activities may affect the country's normal fuel supply, the Government may, in each case, declare the respective activity to be a public service. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 3 and 6. Right of workers’ organizations to organize their activities and to formulate their programmes. Legislative issues. ........... The Committee recalls that in its previous comments it requested the Government to: (i) revise the legislative provisions on the right to strike in essential services; and (ii) take the necessary measures to amend section 417 of the Substantive Labour Code, which prohibits the right to strike of federations and confederations. The Committee notes the Government’s indication that the draft labour reform submitted to the Congress of the Republic envisages: (i) the amendment of section 430 of the Substantive Labour Code, under the terms of which services would be considered essential which, in the discharge of their functions, are so considered by the supervisory bodies of the ILO, as being services the interruption of which, in the strict sense, would endanger the life, safety or health of the whole or part of the population; and (ii) the amendment of section 417 of the Substantive Labour Code to eliminate the prohibition of the exercise of the right to strike by federations and confederations."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Provisions prohibiting strikes in a very wide range of public services that are not necessarily essential remain in force in the legislation (Article 430, paragraphs b), d), f), g) and h); Article 450, paragraph 1), paragraph a), of the Labour Code. Tax Law No. 633/00 and Decrees Nos. 414 and 437 of 1952; 1543 of 1955; 1593 of 1959; 1167 of 1963; 57 and 534 of 1967)."

Information

Source: §450(2) of the Substantive Labour Code 1950; CEACR C87 Obs. 2020