210 likes | 227 Views
MINISTRY OF LABOR OF COLOMBIA. COORDINATION BETWEEN MINISTRIES OF LABOR AND OTHER PUBLIC INSTITUTIONS TO IMPROVE COMPLIANCE WITH LABOR LEGISLATION. CONTENTS. Brief presentation from the Labor Inspection Office. Interinstitutional Collaboration to Labor Inspection
E N D
COORDINATION BETWEEN MINISTRIES OF LABOR AND OTHER PUBLIC INSTITUTIONS TO IMPROVE COMPLIANCE WITH LABOR LEGISLATION
CONTENTS • Brief presentation from the Labor Inspection Office. • Interinstitutional Collaboration to Labor Inspection • Coordination with Administrative entities. • Coordination with Juditial Entities. • Challenges.
LABOR INSPECTION IN COLOMBIA The Colombian administrative authority responsible for labor inspection is the Ministry of Labor of the Republic of Colombia, which exercises it through the National Labor Inspection System.
Structure of Labor Inspection 32 Territorial Departamental Directions 1 Territorial DistrictalDirection 2 SpecialOffices 904 Labor Inspectors
Scope of competences • National Territory • Private Sector: individual and collective issues • Public Sector: collective issues • Compehensive Social Security System Funciones
Palmers Mining Ports Flowergrower Sugar
INTERINSTITUTIONAL COLLABORATION ON LABOR INSPECTION Law 1437 OF 2011 (Code of Administrative Procedure and Contentious Administrative Law), states that under the coordination principle, authorities will coordinate their activities with those of other state agencies in the fulfillment of their duties and in the recognition of their rights to individuals. The Labor Inspectorate coordinates its functions with other authorities that are in charge of matters transversal to the object of Labor Inspection.
Law1610 of 2013 (Labor Inspection Law) stablishes in its third article: Officials of the Ministry of Labor may request the collaboration of public entities for the exercise of their functions.” Likewise, the eighth article reads : “Police authorities are obliged to provide their active collaboration when the Labor and Social Security Inspectors so require.”
COORDINATION WITH ADMINISTRATIVE ENTITIES • Labor Inspection on Mining • Labor Inspection on Hydrocarbons. • Labor Inspection on Seafarers. • Labor Inspection on the Erradication of Child Labor.
Labor Inspection on Hydrocarbons and Mining CONVENTIONS INTERADMINISTRATIVE FRAMEWORK OF COOPERATION, celebrated between the Ministry of Mines and Energy, the Ministry of Labor, the National Service of Learning –SENA, the National Agency of Mining, the National Agency of Hydrocarbons and Positive Company of Insurance S.A. whose object is to “Join Technical and administrative efforts to support and strenghten the execution of the National Mine Safety Policy formulated and adopted by the MINISTRY OF MINES AND ENERGY.”
It is established in 4 strategic lines: PLAN OF ACTION OF THE AGREEMENT
Labor Inspection on Seafarers FRAMEWORK AGREEMENT INTERADMINISTRATIVE COOPERATION Coordinated inter-instituional work between the General Maritime Directorate, Ministry of Mines, Ministry of Labor, Ministry of Environment, National Agency of Hydrocarbons, the National Authority of Environmental Licenses, National Disaster Risk Management Unit that allows the study of the needs of the seafarers and issues concerning maritime labor conditions, which are applicable for the welfare and safety of workers.
Labor Inspection on the Erradication on Child Labor The INTERINSTITUTIONAL COMMITTEE FOR THE PREVENTION AND ERADICATION OF CHILD LABOR is the inter-institutional body in charge of managing the issue of prevention and eradication of child labor at the municipal, departmental and national levels through the cohesion of efforts among the different governmental institutions, private and central organizations. Workers The Ministry of Labor exercises a function of prevention, inspection, monitoring and control and advances visits to detect violations of labor standards in child labor. Given that Child Labor is a crime, there is constant interaction between the Labor Inspectorate (economic sanctions), the National Police (Judicial Police) and Family Welfare (restitution of rights).
COORDINATION WITH JUDITIAL ENTITIES • Interrelation between Administrative Police and the Juditial Branch • Acts Against the Right of Trade Union Association.
Interrelation between Administrative Police and the Judicial Branch
Acts Against the Right of Trade Union Association Anyone who prevents or disturbs a lawful meeting or the exercise of the rights granted by labor laws or retaliates on the grounds of a legitimate strike, assembly or association, shall incur a prison sentence of one (1) to two (2) years. The same penalty shall be incurred by the person who enters into collective agreements that grant better conditions to non-unionized workers, with respect to those conditions agreed upon in collective agreements with unionized workers of the same company. The penalty of imprisonment shall be three (3) to five (5) years when the worker's personal integrity may be affected Administratively sanction the conducts tending to attack freedom of association and the right of association, such as: Difficulty affiliation, dismissals, transfers, refusal to negotiate.
Challenges To achieve intercation between Labor Justice and the function of Labor Inspection Recently, an interaction event between the Ministry of Labor and the 33 judicial districts was held in order to build possible solutions to the differences that arise in the daily exercise of their work.