The instance case was not accepted– see initial assessment by the NCP (Spanish) published on 17th July 2020.
On 6th November 2018, the NCP received a submission from an industry trade union alleging the non-observance of the Employment and Industrial Relations Chapter of the Guidelines by a communication company operating in Colombia.
The issues raised concerned the right to freedom of association and collective bargaining of unionised workers; equality of opportunity and treatment in employment; occupational health and safety in their operations.
On 16th November 2018, the NCP confirmed receipt of the specific instance to the submitter and on the 20th November 2018 transmitted it to the company.
During the following months, the NCP held separate meetings with its advisory board and the company. During the course of the meetings, the NCP clarified the purpose and functioning of the NCP, the Guidelines and its non-judicial grievance mechanism; and provided a space for parties to present their reasoning and arguments.
As the parties were involved in a collective bargaining and a decision by an arbitration tribunal was pending, the NCP decided to delay the initial assessment. The decision of the arbitration tribunal was issued in March 2019 and both parties requested its nullification before the Supreme Court, meaning a new delay in the initial assessment. In September 2019 the Supreme Court issued its award.
On 6th November 2019 the NCP and the submitter held a meeting where the latter informed that the parties decided to extend the direct bargaining process in order to try to settle their differences. Therefore, the submitter requested the NCP to suspend the process before it.
In the following months, the NCP regularly requested the submitter updates of the direct bargaining process, of the status of its request of suspending the process before the NCP, and of the current facts supporting the specific instance, as the parallel proceedings that had taken place since its submission may have changed. The submitter replied to the NCP’s on 8th May 2020, requesting the NCP to continue the proceeding before it but without submitting updated facts.
On 13th May 2020 the Advisory Board of the Colombian NCP held a meeting, given the lack of clarity and updated information about the case, the Colombian decided not to accept the case, but to inform the submitter that it could submit a new case in the future, as appropriate.
On 17th July 2020, the Colombian NCP issued and published an initial assessment statement.