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Title page 1

Contents 5

Foreword 4

Executive summary 7

1. The economic context in Colombia 9

References 11

2. Labour informality and subcontracting 12

Recommendations in the Formal Opinion of ELSAC 12

Trends in informality 13

Labour reform 13

Formalisation of workers 15

Subcontracting through civil-law provisions 17

Conclusion 20

References 20

3. Labour law enforcement 22

Recommendations in the Formal Opinion of ELSAC 22

Labour inspection resources 22

The work of the labour inspectorate 25

Conclusion 28

References 29

Notes 29

4. Collective bargaining 30

Recommendations in the Formal Opinion of ELSAC 30

Trade union density 31

Provisions in the new labour law related to social dialogue 31

Trade union fragmentation and multi-sectoral bargaining 32

Remaining challenges in collective bargaining and social dialogue 33

The role of the minimum wage 36

Conclusion 41

References 42

Notes 43

5. Crimes against trade unionists 44

Recommendations in the Formal Opinion of ELSAC 44

Violence against trade unionists 45

Protection of trade unionists 46

Prosecution of violence against trade unionists 47

Investigations of violations of rights of assembly and association 49

Violence during demonstrations and strikes 50

Conclusion 51

References 51

Notes 52

Tables 6

Table 1.1. Key economic indicators for Colombia and OECD countries on average, 2019-2025 9

Table 3.1. The number of labour inspectors is slowly decreasing 23

Table 3.2. The number of inspectors trained has significantly increased 24

Table 3.3. The new Rural Inspection Model increased the reach of the labour inspectorate 27

Table 4.1. Many collective agreements have been signed in recent years, especially in the public sector 33

Table 4.2. The misuse of collective pacts is closely monitored by the Labour Inspectorate 34

Table 4.3. About half of all requests for the cessation of activities are approved 35

Table 4.4. Just above half of the arbitration tribunals convened in 2023-2025 were resolved 36

Table 5.1. Threats against trade union leaders take various forms 45

Table 5.2. The National Protection Unit offers a range of protection measures to trade unionists 47

Table 5.3. There has been progress in more than half of all trade union homicides cases 48

Table 5.4. Eight in ten cases for the crimes of violation of the rights of assembly and association have a closure decision 50

Figures 6

Figure 1.1. Poverty has declined over the past decade, but inequality and extreme poverty remain high in Colombia 10

Figure 2.1. The decline in informality in Colombia paused in the past two years 13

Figure 2.2. The labour reform brings working time regulations in Colombia closer to OECD standards 14

Figure 2.3. While the number of newly registered associated work co-operatives continues to decline, the number of newly signed union... 19

Figure 2.4. The use of labour formalisation agreements increased in recent years 19

Figure 3.1. The budget for labour inspection has seen a decline in recent years 23

Figure 3.2. The foreseen hiring of labour inspectors would bring Colombia closer to the OECD average 24

Figure 3.3. The number of reactive inspections surged in recent years 26

Figure 3.4. The ratio of inspection visits per labour inspector is very low in Colombia compared with other OECD countries 26

Figure 3.5. While investigations and sanctioning procedures declined drastically, the amount of imposed and collected fines increased... 28

Figure 4.1. Colombia has the lowest trade union density among OECD countries 31

Figure 4.2. Collective pacts continue to be used 34

Figure 4.3. The minimum wage increased by 75% over the past four years 37

Figure 4.4. Colombia's minimum wage remains very low compared with OECD countries 38

Figure 4.5. There is clear evidence of wage compression in Colombia 39

Figure 4.6. The ratio of the minimum wage to median wage is highest in Colombia 40

Figure 5.1. Recent increase in homicides of trade unionists in Colombia 45

Figure 5.2. The number of trade unionists receiving protection has been gradually declining, while the budget increased 47

Boxes 12

Box 2.1. OECD recommendations to tackle labour informality and misuse of subcontracting 12

Box 2.2. Different forms of civil-law contracts used in Colombia to circumvent labour rights 17

Box 2.3. The provisions the new labour law on outsourcing, subcontracting and labour intermediation 18

Box 3.1. OECD recommendations to strengthen labour inspection in Colombia 22

Box 4.1. OECD recommendations on collective bargaining 30

Box 4.2. Minimum wage setting process in Colombia 37

Box 4.3. The ratio of the minimum wage to the median wage / average wage 41

Box 5.1. OECD recommendations to tackle crimes against trade unionists in Colombia 44

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