Colombia’s entry into the OECD: Effects on labor matters

On April 28, Colombia officially became the 37th member of the Organization for Economic Cooperation and Development (OECD). Colombia’s entry into the Organization was a process that lasted approximately seven years, in which the country was subjected to multiple examinations before 23 OECD committees, whose main purpose was to determine the level of compliance that Colombia had with respect to the requirements of income required by the Organization.

One of the last committees to issue the admission letter was the “ Committee on Labor, Employment and Social Affairs ” (ELSAC), which identified multiple problems in labor matters that prevented Colombia from entering. As a consequence, the Committee prepared a report in which it proposed a series of recommendations related to possible labor reforms that Colombia should carry out. Proof of this were the multiple labor regulations issued by the National Government in the 2013-2018 period [1] .

After a rigorous analysis of the modifications implemented by Colombia throughout its accession process to the Organization, in 2018 the Committee issued its favorable opinion and allowed the country to join the OECD. However, it concluded that Colombia still did not fully comply with the required labor standards and highlighted five thematic areas that were particularly problematic: (i) labor informality and subcontracting; (ii) effective application of labor law; (iii) union violence; and (iv) collective bargaining.

In this way, once Colombia was invited to be an official member of the Organization, the Committee required it to sign a series of “ post-access ” commitments that must be fulfilled in a period no longer than 8 years, through which the National Government undertook to continue promoting reforms with the objective of reaching the required labor standards.

Next, the main effects that in labor matters may be generated on the occasion of Colombia’s entry into the Organization will be mentioned:

1. Greater inspection and surveillance by the Ministry of Labor. The OECD recommended that the National Government increase the number of investigations per year and implement a unified inspection strategy at the national level. The above especially in outsourcing and labor outsourcing scenarios.

2. Possible increase in unionization rates in Colombia [2] . One of The commitments acquired with the OECD consisted of ensuring that all workers in the national territory, regardless of the legal status under which they provide their services, can join and form unions. In addition, it is striking that, in OECD member countries, new generations of workers tend to have greater trust in trade union organizations [3] < / span> and for this reason, its membership percentage has tended to grow in recent years.

3. Introduction of new collective bargaining dynamics that are developing within the OECD member countries. The foregoing has revolved around three main aspects: (i) the increase in dual-level collective bargaining systems (sector and business); (ii) the frequent use of mediation in the collective dispute resolution process; and (iii) the possibility that second and third level union organizations can call strikes. On this last point, the OECD invited Colombia to design alternatives to the total ban on strikes in essential services.