Colombian trade unions have welcomed the passing of the progressive government’s labour reform, after the National Congress approved it on 20 June. As one of the Petro administration’s flagship policies, the labour reform was submitted to Congress in 2022, shortly after the election, but faced intense opposition that twice saw it blocked, casting its entire content into doubt.
Unions have long argued that the labour reform is vital to improve worker rights and conditions that, according to the International Trade Union Confederation (ITUC), are among the weakest in the world. Hard-right legislation that favours the interests of big business over the needs of the general population, combined with high levels of violence against organised labour, have been important factors in the erosion of worker rights.
Although the labour reform was blocked, apparently finally, in March after a commission largely comprised of government opponents voted against it, it was revived in May during a debate on the government’s proposals to hold a public referendum on the reforms package. While the referendum was rejected, the labour reform was given a fresh opportunity in the same session, paving the way for its approval into law.
‘The working people of Colombia have won their first victory in 34 years,’ tweeted Petro in response to the congressional vote. The CUT trade union federation and the president have both stated that the reform returns worker rights that were stripped away during the Gaviria (1990-94) and Uribe (2002-10) governments, both of which introduced neoliberal labour laws that gave massive benefits to corporations.
Among the articles contained in the new legislation are the following:
- Apprentices on state-run SENA vocational schemes will now receive the minimum wage on proper contracts while they are undertaking training. Until now, their work has largely been unpaid.
- The designated start of nightshift work is now 7pm, rather than the previous 9pm, entitling workers to corresponding benefits.
- Employees who work on Sundays and public holidays are entitled to 100 per cent overtime pay (by 2027, with yearly incremental increases in the meantime).
- Fixed-term contracts of over four years are prohibited, meaning that anyone employed for twelve months is entitled to an indefinite contract that provides specific benefits and makes it harder for employers to dismiss them.
- Some 60,000 care and nursery workers are now formally employed, bringing enhanced job stability and conditions. Digital platform workers are also formally recognised as employees.
While the labour reform’s passing represents an important advance for Colombian workers, it has not reinstated collective rights that form the cornerstone of trade unionism such as the right to strike and collective bargaining. These articles were removed from the reform last year under pressure from the congressional right. Unions will be hoping that further legislative developments may see trade union rights properly guaranteed under Colombian law.