ATYPICAL WORK IN COLOMBIA;

TRADE UNION CHALLENGES AND

STRATEGIES TO IMPROVE LABOUR RIGHTS
WE MUST MAKE THE JOURNEY; DIRECT WORK IS OUR GOAL

ATYPICAL WORK IN COLOMBIA. TRADE UNION

CHALLENGES AND STRATEGIES TO IMPROVE
LABOUR RIGHTS

WE MUST MAKE THE JOURNEY; DIRECT WORK IS OUR GOAL

Ard Schoemaker Bogota, October 2015

CONTENT
1. SUMMARY OF ATYPICAL WORK IN COLOMBIA
2. OVERVIEW OF IMPLEMENTATION OF TRADE UNION CONTRACTS
3. EXISTING LEGAL FRAMEWORK CONCERNING ATYPICAL WORK AND CHARACTERISTICS OF
TRADE UNION CONTRACTS
4. THE CGT STRATEGY, RESULTS AND PROGRESS
5. KEY ISSUES FOR FURTHER DISCUSSION
6. CONCLUSIONS AND RECOMMENDATIONS

ACRONYMS
ANDI
CGT:
CST:
TUC:
WC:
SSC:
CUT:

National Business Association of Colombia

General Confederation of Work of Colombia
Labour Code
Trade Union Contract
Worker Cooperative
Simplified Stock Company
United Confederation of Workers of Colombia

Copyright, CNV Internationaal 2015

All rights reserved. Any part of this publication may be reproduced without specific authorisation by CNV Internationaal
trade union partners, provided that the source is quoted as follows: Atypical work in Colombia. Trade union challenges
and strategies to improve labour rights. A study for CNV Internationaal, 2015 (CNV Internationaal, P.O. Box 2475, 3500
GL Utrecht).
If other organisations wish to reproduce portions of this publication, they require the written consent of CNV Internationaal.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

SUMMARY OF ATYPICAL WORK IN COLOMBIA

This study focuses on defining trade union challenges and strategies to improve labour rights of
contract workers. From the perspective of different stakeholders, it analyses how the General
Confederation of Workers of Colombia (CGT) responds to this issue by implementing the socalled trade union contracts.

CONTEXT
The pressures of globalisation have forced private companies to produce in more austere
conditions, affecting working conditions, in order to remain competitive. At the same time, trade
union power is declining, due to an increasingly flexible workforce, caused by atypical work.
Both internationally and in Colombia, this phenomenon generates a growing informalisation of
the formal labour sector. The upshot is that more than 60 percent of ( 64% female, 60% male1)
workers in Colombia have an informal2 or atypical job, without proper working conditions and
comprehensive social security, and unable to join trade unions. Consequentially, workers with
formal employment are now part of the minority. At the same time, there is fragmentation
of trade unions in Colombia due to the fact that the Worker Cooperatives (WC3) are being
transformed into Simplified Stock Companies (SSC4)
to evade labour responsibility and mutate into fake
unions or unions in disguise, with unacceptable
working conditions, even under the impassive gaze
of the government. Thus, the rate of association
increases artificially. The SSCs use this legal
character to continue using contracts to provide
services, with no approach to defence of labour
rights, a process that also weakens the existing trade
unions and the credibility of the trade union contract
(TUC).

Regardless of the level of education of women, informality rates in Colombia remain higher for them. Women with lower
levels of education are most affected by the problem of informality. There is also a close relationship between the workers
level of education and informality rate. Source: Alvarez Vos, 2012.
2
Work informality according to the ILO: those whose labour relation is not subject to labour legislation or tax regulations,
and have no access to social protection or labour benefits. Source: DANE June 2015.
3
Non-profit organisations, based on solidarity. They group individuals who manage, produce common goods, perform works
or provide services. No WC can act as a company for employment intermediation or as a temporary service company, or use
the work of its members to supply labour to third parties (Decree 4588 of 2006 & Law 1233 of 2008).
4
It is a capital company of commercial nature, regardless of the activities established in its purpose. Its goal is the reduction
of costs and bureaucracy in corporate organisation, and has enough freedom to regulate inter-company relations.
1

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

In Colombia, workers discontent is strongly associated with unemployment and informality.

In addition, 25 percent of formal workers tend to move every year to positions with lower
contributions or even with no contribution, due to frequent transitions between formality,
informality and inactivity. Worker informality is a major source of social exclusion and inequality
and one of its causes is the non-regulation and the lack of inspection by the Ministry of
Labour. The argument that the minimum hiring costs5 are the main cause of informality, and
that this has contributed to the exclusion of the less skilled workers from large companies6,
is an excuse often used by employers. According to them, this would affect the stability of the
company and requires simplified hiring systems, a notion that has not been substantiated
with appropriate studies. Many employers believe that companies must be first financially
sustainable, to later create decent jobs, a notion that contradicts the idea of promoting decent
work to generate productive companies.
Since the mid-1990s, labour contracts were eliminated in practice, and were replaced by
outsourcing, WCs and temporary employment agencies. In addition, the First Employment Law
(2010), aimed at reducing some non-wage costs, has not had a considerable impact. Despite
advances in gender policies, there are still considerable differences between men and women
in the Colombian labour market, especially in labour informality. Women remain most affected
by this problem and young people have low wages, high levels of informality, poor working
conditions and exclusion from social protection systems. Labour informality is also reflected in
the low percentage of workers in the pension system ( 30%7). In Colombia, this percentage is
below the continental average.
Despite many challenges8, the CGT implements TUCs since 1990s, to respond to this growing
informality. Its approach is based on contracts, seeking better rights and working conditions.
Trade union work has shown that respecting labour rights increases productivity, job security
for the employer, with disciplined workers and quality of work, as recognised by employers. This
study reports on the different experiences, results and challenges, based on descriptions of
various stakeholders (informal and affiliated workers, trade unions, state agencies, businesses,
politicians and lawyers).

Minimum wage, contributions to social security, payroll taxes and other costs borne by the employer.
Snchez Torres/ Alvarez Vos, 2011
7
Percentage of contributors from the total of workers. Source: IDB, 2013.
8
In Colombia, the situation of workers is quite complicated, due to the violations of human rights. The exercise of trade
union freedoms is precarious: many trade union members have been murdered and are constantly threatened and victims of
violence.
5
6

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

There are different trade union confederations with different strategies. The CUT9 promotes
the proposal of direct contracting, although in the past it signed many trade union contracts.
The Ministry of Labour indicates that the collective agreement is in full force, and is used by
unorganised workers to reach agreements with their employers individually. At the same time,
it recognises that these agreements can impact negatively on unionisation. The business sector
(through the ANDI10) recognises collective agreements as a valid instrument established by
law and believes TUCs are positive, if they fulfil their purpose under the parameters of the CST,
but it notes that these contracts often miss their purpose and condemns their misuse. At the
same time, it recognises that TUCs are one of the applicable legal forms and claims it does not
promote any particular type of contract.
The CGT recognises that collective pacts are part of the law, but claims that wherever trade
unions operate, collective bargaining and agreements are the proper way to negotiate, because
most companies use these pacts to discourage workers from joining trade unions; and the
CGT is a great promoter of TUCs. There are other trade unions seeking to recruit outsourced
workers through struggle, mobilisation and victory a strategy not shared by the CGT, which
seeks the path of dialogue, consultation and negotiation.
The CGTs vision regarding labour contracts is the formalisation of the labour market, through
individual labour contracts with due rights and proper working conditions to ensure decent
work. Its strategy is to implement TUCs from affiliated trade unions, increasing the number
of workers, companies and state institutions under this legal concept in order to escalate this
type of contract and formalise the labour market. Therefore, the CGT considers TUCs as a
means to achieve a higher goal. As TUCs are part of the main strategy of the CGT concerning the
formalisation of labour, this type of contract is the focus of this paper.
Without the support of many people with direct experience with TUCs, I would not have been
able to prepare this document. I would like to express my appreciation to informal workers and
trade union members with collective agreements for their frankness and openness; trade union
leaders for their dedication and extensive explanations; and employers, government entities
and experts in the subject. Special thanks to Ana Catalina Herrera, for her coordination and
inputs; Julio Roberto Gmez and Miryam Luz Triana for their observations that improved the
document, and Ricardo Barona Betancourt for reviewing the legal part.

9
10

United Confederation of Workers of Colombia, the confederation with the largest membership in Colombia.
The National Business Association of Colombia.
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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

OVERVIEW OF THE IMPLEMENTATION

OF TRADE UNION CONTRACTS
TUCs were created in 1930, and were basically a response to a need for longshoremen, who
loaded ships. However, TUCs were forgotten for decades, because there was a culture of
distrust between employers and trade unions, the latter often without technical training to
manage these contracts. In 1990, Law 5090 was passed, which allowed all kinds of outsourcing.
The junk contracts that were legalised were an attack on the trade union movement and
freedom of association, and direct contracting fell into informality. The great challenge for the
trade union movement was how to participate in this outsourcing, and so TUCs reappeared.
The CGT began to explore the concept of TUCs in the 1990s, in a context of reduction of labour
guarantees of individual employment contracts. International treaties generated greater
competition between companies, which consequently reduced the benefits they offered and
relied more on providing services, working through WCs and temporary employment agencies,
resulting in labour outsourcing11. Through the TUCs, employers were offered skilled labour, so
they would not resort to WCs. Their application has intensified in recent years, due to the little
political progress in addressing the issue of informal work. The CGT manages TUCs through
affiliated decentralised trade unions. These identify potential companies and cooperatives to
start a dialogue and institutional relations, and at the same time, identify workers with atypical
contracts. It is a proactive approach to trade unionism, with agreements based on respect and
credibility.
In 1997, there were 18 trade union contracts at the national level. There are currently more
than 900 such contracts registered with the Ministry of Labour. The main sectors where TUCs
have been implemented are the sugar industry, road construction, textile, and hydrocarbons.
Another sector where the TUCs are commonly applied is the health sector. However, these were
managed by many disguised unions, which affected the image and credibility of TUCs.
The purpose of the application of TUCs is the transition to direct work, eliminating the concept
of job placement, and using profits for social purposes. It seeks to integrate the deregulated
workers, by formalising them through TUCs, improving working conditions, establishing new
work cultures with respect for labour rights. CGT beneficiaries are the people in the informal
sector, those with junk contracts and/or in unacceptable conditions.
TUCs are seen by many as an intermediate step to address outsourcing and violation of labour
rights, towards individual contracts. Also, these have already proved their role in discouraging
the system of outsourcing, WCs and SSCs. At the same time, there are stakeholders who seek
to weaken this type of contract, and there have even been legislative attempts to eliminate
them. Others accuse TUCs of causing outsourcing and of being another way of opening spaces
for contactor companies. The CGT has several positive experiences, which have substantially
improved labour rights, and it is increasingly able to demonstrate the benefits for both workers
and employers.

Temporary employment agencies are a major generator of outsourcing, because workers are not seen as company
employees, and cannot form a trade union. There are approximately 4 million workers in this situation.
11

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

EXISTING LEGAL FRAMEWORK CONCERNING

ATYPICAL WORK AND CHARACTERISTICS OF
TRADE UNION CONTRACTS
FORMS OF COLLECTIVE BARGAINING
Colombian labour legislation provides for three forms of collective bargaining:
The Collective Bargaining Agreement, based on a list of demands, which results in a
process of negotiation between one or more employers and one or more trade unions, to
set the conditions governing multiple individual contracts12.
The Collective Pact, as a result of a negotiation between the employer and the
representative of non-unionised workers, in order to reach agreements between employers
and individuals.
The Trade Union Contract, concluded between one or more trade unions and one or more
employers, for the provision of services or the execution of works through their affiliates.
TUCs are a form of collective bargaining and thus, an expression of freedom of association.
TUCs are regulated, formal and principal13.
Below is an explanation of the meaning of TUCs within the legal framework of Colombian
legislation, identifying the legal opportunities to meet the demands and needs of atypical
workers and the use the CGT has given to these forms of collective bargaining.

DETAILS OF THE TRADE UNION CONTRACT

Trade union contracts are those signed by one or more trade unions with one or more employers
or employers associations for the provision of services or performance of works by their affiliates.
A copy of the contract must be registered with the Ministry of Labour. The duration, review and
termination of the trade union contracts are governed by the same rules of individual employment
contracts.14
The trade union workers themselves use the TUC collectively
to agree on benefits15. A TUC is not a civil contract; it is a
collective labour contract that protects workers rights and
aims to improve and assert labour rights, improve income,
active participation of unionised workers in the development
and sustainability of enterprises, promotion of collective or
group work, building trust and transparency in relations with
the employer so both parties can become allies in productivity
and quality. It is a voluntary collective labour agreement, reached in the exercise of freedom of
association, with administrative and financial independence from the trade union. It is governed
by the rules and principles of collective labour law.
The Supreme Court ruled in 1981 that the main difference between a collective agreement and an employment contract is
that in the collective agreement the trade union acts on behalf of workers of the company, while in the trade union contract,
the trade union can represent independent workers, without any connection with the beneficiary of the service, because the
only contractual link is established between the company and the trade union.
13
Contracts must be registered with the Ministry of Labour, are regulated through different rules; principal means they exist
in themselves and do not need an accessory contract.
14
Article 482 of CST.
15
Source: Report on compliance with Resolution 2628 of 2012 COL/UE, June 2015, CGT
12

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

The TUC must be signed by the legal representative who shall represent the trade union
members. The trade union is required to establish in its general accounts a subaccount for each
TUC signed. The obligations of the trade union include affiliation, payment and withdrawal from
the social security system of their members. These expenses must be agreed and covered by
the company with which the TUC is signed. The trade union shall compensate (if appropriate)
the members for their contribution in the implementation of the TUC, with the benefits defined
in the assembly of members, the regulations, and the TUC.
In Colombia, court rulings on TUCs have been few and only in recent years; therefore, their
regulatory development is recent. After the approval of the CST, it was established that, if the
employer needs to hire services or work, the first possible choice is a TUC16. Prior to signing the
contract, there must be a meeting with affiliates to discuss the proposal and the conditions of
implementation. It is also established that permanent work must done through direct contracts.
So far there is much to be done regarding implementation, especially due to noncompliance by
the state itself at all levels.
Trade unions should develop regulations for each TUC, which must contain at least:

Minimum guarantees in the regulation of a trade union contract:

1. Minimum time of affiliation to the trade union.
2. Procedure to appoint coordinator for implementation.
3. Procedure to select affiliates, distribution of group work value.
4. Withdrawal causes and procedure and replacement of affiliates.
5. Dispute settlement mechanisms, applying the statutes and the rules of the specific collective
agreement.
6. Percentage of surplus of trade union contract to be used for education, training and housing
for participating affiliates.
7. The trade union must be responsible for managing the social security system, incl.
affiliation, withdrawal, administration of payments of participating affiliates.
8. The trade union must promote occupational health of participating affiliates.
9. The rules must include provisions on compensations or shares and deductions for
participating affiliates.
10. Other rights and obligations established for participating affiliates.
Source: Article 5, Decree 1429 of 2010: Development of Convention 87 of 1948 of the International
Labour Organisation, ratified by Law 26 of 1976.

Regarding the employment relationship between workers and trade unions, there were
several changes over the years: A ruling17 determined TUCs as civil contracts. A later ruling18
established that trade union members do not have an employment contract with the trade
union, and as such, there is no employer-employee relationship, because there is no element
of subordination, a typical element of the employment contract; and if seen from the opposite
perspective, it would seriously undermine the right to organise in Colombia. These two positions
also take place in practice, because one of the main problems is that when a TUC is drafted,

Decree 657 of 2006 Art. 2

Supported by Article 24 of the Labour Code, Modified by Art. 2 of Law 50 of 1990 and ruling of 25 July 1981, Rad. 7707
18
Supported by par. 9 of Article 5 of Decree 1429 of 2010 and ruling C-457/11 of 2011
16
17

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

no (much) attention is paid to the fact that the trade union and its leaders are different from its
members. It is important to understand that the affiliate is different from the leader of the trade
union, or the trade union itself. It is essential to understand that when contracts are signed with
the union, there is an automatic relation with the workers, and this prevents intermediation.
Very often, when a TUC is signed, there is the notion that I am different from the trade union
and a lack of sense of I am the union and whatever is done with the trade union, is done with me,
because I am the essence, the life of the trade union. In other words, if the members see the
trade union as their board of directors, this generates intermediation. For TUCs to work, and
to avoid misuse of this legal concept, it is necessary to raise awareness about this notion and
about collective thinking.
Assuming that there is no employment relationship, it is understood that the TUC is aimed at
representing the workers. Another judgment also establishes that the trade union seeks with
the TUC to allocate resources for education, training and housing for participating members,
which are not benefits derived from an employment contract but from financial solidarity,
aimed at improving the situation of affiliates. Despite the rules, we observe that there are many
different interpretations regarding who the employer is.
Another ruling19 established the main differences between an individual employment contract
and a TUC, indicating that the conditions of the TUC do not have subordination elements. This
decision explains how to understand the meaning of a TUC:
Collective trade union contract

Individual employment contract

Always in writing

Can be verbal

Concluded between one or several employers and

one or several trade unions

Concluded with the worker

Formal, must be registered with Ministry of Labour

Not formal

Trade unions must prepare a set of rules for each

contract
Legally binding for the trade union

An individual is bound to provide a

personal service

Equitable legal relation between company and

contractor; negotiation is done under equal
conditions between the trade union and the company

There is a relation of subordination

and dependence of the worker with
the employer

There are two types of relation:

One between the member and the trade union
One between the trade union and the company
Trade unions that enter into this contract is liable
for direct obligations arising therefrom, and for
compliance with obligations established for its
members
Trade unions have the legal status to exercise rights
and actions on behalf of its members.

19

Protectionary ruling T-303/11 2014

ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

13

AN EXAMPLE OF RIGHTS,
GUARANTEES AND OPPORTUNITIES
TO MEET THE DEMANDS AND
NEEDS OF ATYPICAL WORKERS
Through the TUCs, demands have been
met, thus improving conditions for
workers. An example of this statement
is the TUC signed between Ingenio
Mayagues (sugar mill contract) and
the trade union Sintraindulce: In 1990,
with economic liberalisation and the
labour flexibility model, there was an
unfavourable impact on workers in the
sugar industry, reducing by 41% the
number of workers, and the number of
trade union members by 50%.The TUC
was implemented and a transition took
place to recover what was lost with
labour flexibility. Social security was
again guaranteed, as well as the right
to workers transport, opening the way
again to guaranteeing a decent job.
Through social dialogue, some issues in
collective agreement were flexibilised,
mainly those related to salary issues.
It also introduced the promotion of
workers through training, thanks to
which 500 cane cutters are now in better
positions. Currently 41% of workers at
Mayagues are under the TUC model with
SINTRAINDULCE.

Regarding TUCs for the public sector, Law 617 does not allow the entry of workers into the
public sector payroll, and specifies that TUC affiliates can only be paid by investment category
(a cost-reducing category, which may affect workers rights that are categorised as such)
rather than as operating expenses. At the same time, two judgments20 require state agencies
to formalise the temporary jobs in government agencies. Until now, they are not enforced,
hindered by law 617, despite the primacy of the judgments over the law. In addition, ruling 1429
establishes that state agencies should analyse the use of TUCs before other mechanisms.

HOW THE CGT USES THE LEGAL FRAMEWORK FOR ITS TRADE UNION
CONTRACT STRATEGY
The CGT uses TUCs as a legal alternative to curb corporate greed and labour mediation,
allowing the trade union to participate directly in the management of the company and
collective work, improving democratisation and promotion of freedom of association. It is based
on regulatory tools, not forgetting that there are still regulatory gaps and issues to better
specify the rights21 of participating members.

S-614 de 2009 y S-171 de 2012.

For example, the express obligation of approval of the trade union contract by the assembly, because affiliates are liable
in case of breach of contract, the recognition of salary payment and the contractual relation between the company and
participating members.
20
21

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

SOME CHARACTERISTICS OF TRADE UNION CONTRACTS IN PRACTICE

There are modalities in which the company has a collective agreement for the production base; and
during production peaks, they use TUCs to hire more workers. Other companies work permanently with
TUCs, and do not allow direct contracts. TUCs offer many more opportunities than WCs and employment
agencies, which normally offer work with little regard for workers rights.
There were times when the concept of collective agreement was weakened:
Law 50 of 1990 cleared the way for the fixed-term contracts with indefinite extensions, and legalised
all forms of intermediation, known as junk contracts. It is seen by trade unions as a direct attack on
the trade union movement and freedom of association; and direct contracting fell into informality.

The 2014 law wanted workers to be independent, so they could contribute to social security. Trade
unions struggled so they would be recognised as participating affiliates.

Trade unions played a major role in maintaining the concept of TUC. There were several attacks on
the model, dubbing it fragmentary. The most radical sector even wanted to eliminate the CST.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

CGT STRATEGY FOR TRADE UNION CONTRACTS RESULTS AND PROGRESS

There are different strategies to improve the situation of informal work and labour rights.
Some trade unions promote direct hiring; others promote direct negotiations between workers
and employers, while others focus on trade union contracts. There are trade unions seeking
to recruit outsourced workers through struggle, mobilisation and victory which would allow
these workers to achieve respect for their dignity, with better living and working conditions,
seeking direct contracting, the benefit of collective bargaining, the signing of collective
agreements and the recovery of the right to strike. The CGT seeks direct contracting through
trade union contracts, since the current conditions do not allow for direct contracting. The
CGT wants every worker with a contract, developing alternative forms of contracting, and
considers the TUC as a temporary, transitional concept to this end, towards new forms of hiring,
improving labour rights and eliminating intermediation and exploitation of workers.

HOW DOES THE CGT STRATEGY WORK?

For CGT, the objectives of the trade union contract are:
Improved income for affiliates, promoting social welfare.
Active participation of unionised workers in the development and sustainability of
companies, as allies in productivity and quality, with administrative autonomy and financial
independence from the trade union.
Promotion of collective work, providing services or performing work, with non-profit
purposes with their own members, encouraging collective bargaining and the application of
the rules and principles of collective labour law.
Building trust and transparency in relations between the company, trade union and its
members.
Dismantling the intermediary system that seeks profit with no respect for labour rights.

The CGT works through open and proactive dialogue with different sectors, and seeks to devise
public policies to reduce labour inequality, promote access to decent work and respect for
freedom of association and collective bargaining. The CGT develops policies for companies to
hire workers directly and not through other intermediaries. Thus, it creates a framework of
guarantees so every worker has an employment contract for an indefinite term, respecting
social security and labour rights. The CGT does not work with direct employees, but with those
in the informal sector. Besides inserting informal workers into the formal economy, the CGT
strategy often focuses on helping companies in financial crisis, through the TUCs.
The CGT seeks to change the current model of recruitment, a model that promotes outsourcing,
pays unfair wages, with no constitutional labour rights such as the right to organise in trade
unions to defend workers from exploitation. The current dominant model is as follows:

17
ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

Trying to dismantle the previous model, the CGT seeks to establish the following model:

With this form of collective labour contracts, workers have no individual employment
contracts, nor can they negotiate independently. Trade union members negotiate collectively
compensation, labour rights and guarantees. The company pays the trade union all costs and
has no direct relationship with the workers. The trade union handles payments and benefits
internally and organises all aspects of the work, charging between 6-10% for administration
fees22. If the union were to mishandle these funds, it would have to bear the costs/fines and
should be able to pay from its savings. The most important aspect is the dismantling of labour
intermediation and that the profits are used for collective social purposes.
The CGT defines its TUC strategy based on the characteristics of trade union contracts of
each affiliated trade union, which have their own peculiarities and experiences. The CGT does
not use a sectoral approach so far, because sectoral agreements cannot be negotiated. The
CGT focuses mainly on achieving consistency within the confederation and the affiliated trade
unions, consistency of vision and mission, positions taken in negotiations, the language used
and the proactivity and attitudes of their leaders at all levels and negotiations.
The CGT strategy goes far beyond trade union contracts. These are some of the components:
Campaigning for decent work policies at national and department level.
A Standing Negotiation Committee, where CGT is urging the government to create a real
decent work policy and social dialogue, assisting in work formalisation processes.
Emphasising the development of specific programmes to combat outsourcing
Influencing public policy directly at departmental level, for the implementation of trade
union contracts.
Organising different national and regional campaigns, for example, on Decent Work Day,
seeking to guarantee first job for young people and to eradicate child labour.Maintaining
direct and constant dialogue with the business sector.
Taking a critical position on Ministry of Labour inspectors, which so far are provisional,
without permanent contracts.
Training to help understand TUCs.
External communication and dissemination of TUCs to different stakeholders.
Below is their strategy at national level and then at local level.

22

Contracts with intermediaries include approximately 33% of administration costs.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

NATIONAL STRATEGY
CGT emphasises (at all levels and especially to the central government) the urgency of reducing
work informality and labour outsourcing, stressing that it is a critical situation, requiring
specific policies by the government in the context of social and labour consultation. For
example, many WCs became SSCs to evade labour rights and responsibilities and many of these
mutated into false trade unions that promoted the policy of signing false trade union contracts,
in unacceptable conditions. The CGT has been insisting for the past three years on the ban and
eradication of these false trade unions. It also urges the Ministry of Labour for labour inspection
to establish a special control over these false trade unions, which apart from generating
outsourcing, give a negative image to the trade union movement. The previous government
banned these cooperatives, in order to promote labour formalisation systems in dignity, but
this did not have the expected results. The CGT presented a proposal to the government with
28 items on job creation. These proposals range from primary income sources, to major
projects, protection of national production and the internal market, replacing food production23.
A key issue is resorting to negotiation of foreign debt, an essential issue with current validity.
Colombia is currently damaging its own development by paying this debt. The CGTs strongest
point is the organisation of workers by branch of industry. Trade unions by company were
always favoured in Colombia, but now they are being promoted by industry sectors. While trade
unionism by industry is promoted, its development in Colombia is very limited.

LOCAL STRATEGY
AUTONOMY
Regarding CGT the strategy, the role of each member trade union is to have relative autonomy.
A trade union cannot do whatever they want in the development of policies; there are national
policies and there are minimum standards that must be followed. Additionally, members have
freedom to devise their own mechanisms for implementing TUCs and therefore there is a
variety of applications24. They all agree, however, that trade union contracts should not be used
in every case. (Note that CGT affiliates with TUCs are an absolute minority). When affiliated
trade unions approach companies, the reputation of the Confederation helps a lot, as the latter
is considered a serious, responsible and professional organisation. Their statements at the
national level, and their good relations with all stakeholders are an important factor to generate
the necessary trust.
AFFILIATION
In some sectors, workers apply for membership on their own initiative. Then, the trade union
assesses the candidates, affiliates them and contacts them when there are jobs available.
In other sectors, people in the informal sector are proactively sought after. When the trade
union is already within the company, they assess the working conditions of the staff, which
agreements are in place, and seek to improve them. For workers who frequently change
employers and/or are working in the informal sector, the CGT strategy focuses on industry
sectors; however, it is very difficult when they have no organisation. The trade union can
organise them through direct affiliation, which is a highly intensive work and there is no
functional strategy in place for this purpose.

Colombia produces 320 million tons of food every year; however, it imports 13 million tons, which has a major impact on
employment.
24
Some trade unions use a philosophy combining trade union and corporate components; others focus more on the
grassroots.
23

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

STEPS FOR THE IMPLEMENTATION OF TRADE UNION CONTRACTS

The most important aspect in establishing a TUC is that it must be based on the need of a
company, which should take the decision to approach the trade union.
1. The first step in establishing the collective agreement is that the trade union should have
credibility with the contracting company, and should build or improve their institutional
relations and establish a permanent dialogue. It is a proactive trade unionism focusing
on the organisation, based on credibility, showing how trade union work strengthens the
company and the workers. In practice, this often starts with small tasks, with little impact
on the organisation, showing that a happy worker works well and that this modality is
more efficient.
2. The second condition is that the trade union must have a name and a reputation
acknowledged by the worker, proving that belonging to the trade union equals working in
better conditions.
3. Next, the labour agreement, working conditions and work details are defined in an
assembly, considering all social aspects.
4. With trust relationships, fluid communication and collectively defined working conditions,
negotiations begin based on a list of demands. Economic issues (such as financial matrix
and actual production costs, including costs for labour rights and benefits) are the most
difficult items to agree on.
5. After reaching the agreements, the TUC is signed, which creates spaces for permanent
negotiations (this is how TUCs differ from collective agreements, which are fixed).

ADVANTAGES OF THE TRADE UNION CONTRACT STRATEGY

Trade union contracts are much more protective of labour rights than a contractor or
outsourcing company. It has been shown that by signing trade union contracts, today thousands
of workers have a direct employment relation25. TUCs managed to discourage the contractor
system and cooperatives. Trade union work has shown multiple benefits (see box on the
Sintracontexa case). Furthermore, under the TUC, the employer cannot lay off a participating
member, and at the end of the contract, the worker remains in the trade union.
According to ANDI, CGTs constructive and purposeful approach, of dialogue and negotiation,
is very important especially for the Colombian post-conflict situation, and the TUC offers special
advantages when there is crisis in enterprises; on many occasions this type of contract has saved
companies in liquidation.
So far, several cases have shown that the way in which the legal framework related to different
forms of employment (especially TUCs) is integrated into the CGT strategy provides an effective
basis for workers who have moved from informality to TUCs. These have ensured compliance
with the minimum labour obligations, greater job stability, access to social security and extralegal benefits, but especially less vulnerability to violation of labour rights, to unjustified layoffs
with no respect for legal procedures. In addition, it has created a strong sense of community
and solidarity, strengthening their capacities for collective bargaining and self-protection. They
work in an improved labour environment, which increases motivation, commitment, quality of
work and satisfaction at the workplace.

25

For example San Carlos sugar mill, and Cabaa sugar mill.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

SINTRACONTEXA, THE EXPERIENCE OF

LUZ ADRIANA CANO SALAZAR
Luz, a single mother affiliated to Sintracontexa and has
worked for nine years with a TUC for Leonisa (underwear manufacturing company). She explained that the
trade union contract not only ensured better conditions,
but the profit taken previously by employment intermediaries is now invested for the collective benefit of all.
The benefits she receives, apart from those established
by law, are: training by the trade union, financial support to buy a home (she now owns her home), favourable loans, psychological appointments, several aids
(financial assistance for her childrens studies, for
newborns, marriage, death in family, school kits, eyeglasses, disability), life insurance, transportation, and
free work lunch, Christmas bonus and additional vacation. So far there has been no breach of the trade union
contract. This has been achieved through progressive
negotiations. Membership increased from 80 to 4000
members. There is a mutual company (a solidaritybased social economy company that buys goods in bulk
to give better prices for beneficiaries, and giving lowinterest loans. The interest earned is used again for
the benefit of the members). This has contributed Luzs
happiness, thanks to the excellent conditions and proactive working environment, order and safety at the
factory, and especially job security. Luz believes that
1% of her salary as a contribution to the union is definitely worth it. She says that this has created a strong
sense of belonging, greater productivity, commitment,
quality of work and discipline and that workers have
become trade union leaders. Luz explains that before,
she had no idea that TUCs existed, and had a very negative attitude towards the trade union. She explains that
when TUCs began, many people opted out, because they
did not trust this mechanism. Now, workers feel more
like collaborators than like workers.
Sintracontexa indicates that TUCs offer several advantages for the company:
- Improved quality of the labour, commitment and stability of workers in the company, which has increased
productivity
- Fewer accidents
- The company can focus more on sales
- TUCs helps financially troubled companies
- The company does not have to pay severance when
no jobs are available
- The company pays through the trade union and
allows the assembly of members to determine the
frequency of payment.
- The relationship of trust between trade union and the
company, which contributes to frank dialogue and
good communication, a basis for continued negotiations.

Regarding progress of TUCs, so far these have not

been implemented successfully in several regions of
the country. Not all cases are successful, but wherever
both parties achieve a dialogue based on trust, fair
negotiation, and all stakeholders are convinced of the
win-win situation, the working conditions, benefits
for workers and for the employer are improved26. It is
difficult to determine how efficient the CGT strategy is.
So far it has not been applied massively and there are
no specific statistics on its achievements. What is clear
is that it is a work in progress, with important elements
to scale its deployment. Considering that TUCs have
a limited application, there are also challenges, as
evidenced by the case of Sintrauniobras27 (see table
below).

SINTRAUNIOBRAS BOGOT.
TRADE UNION CONTRACT WITH A STATE ENTITY
Sintrauniobras signed a TUC with a state entity (Road Maintenance Unit).
Two workers at Sintrauniobras (both auxiliary traffic officers for road maintenance work) claim that their labour rights have greatly improved, although
the basic wage is a little lower than working with contractors. There is more
job stability, solidarity, human quality they feel at home and extra-legal
benefits. Among other benefits, they get paid leaves, food subsidy, compensation fund, medication not covered by insurance, training, flexible working hours adapted to the needs of workers, so they can study. The workers
said that there are no other labour issues that need to be improved.
Sintrauniobras, however, has an imperfect and fragile relationship with the
UMV, and there are different perceptions; for example, the entity requests to
have a deadline for delivery of works, a system of fines and punishments, a
extra-contractual insurance policy paid by the trade union, covering against
incidents, and greater control by trade union administration; issues that the
trade union cannot agree on. The company did not agree to medium-term
contracts and the contract has now been extended nine times. It shows that
there are advantages, yet difficult situations, and a lasting relationship based
on the TUC.
The UMV sees the TUC as one of the options to cover labour needs, but
explains that state entities cannot stick to just one form of contracting. They
believe that the trade union has to be as competitive as other contractors.
They claim that there is conflict between the obligations of state contracts
and the right to free association; the latter prevents the external control
required by the entity. They argue that the union does not necessarily have
the financial arm, the technical and administrative capacity to manage it
well. There are also different perceptions about who the employer is, as both
stakeholders are reluctant to assume this role. The workers claim that they
do not have an employer, but colleagues, based on mutual support.

Greater productivity, sense of belonging, quality of labour, compliance, fewer accidents and a proactive working
environment
27
Trade union of public works of the District of Bogota.
26

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

DISADVANTAGES AND BOTTLENECKS

The trade union contract involves a complex and intensive process that can impact and
even weaken the trade union if this is not strong enough. So far, trade unionism is a largely
ideological realm and not all trade unions have qualified professionals with the ability to handle
and manage the complexity and diversity of TUCs. Much depends on the legal representative,
where the board of directors changes, continuity is not guaranteed. There were cases where
the TUC no longer offered benefits to workers after leadership changed; the contract no longer
benefited the workers but the companys profit, and members who protested were threatened.
Much depends also on the willingness of the company, if there is no will, there is no basis for
improving the situation of workers through the TUC. The major disadvantage of TUCs is that
many companies are unaware that this is a temporary measure and seek to impose it on a
permanent basis.
The anti-trade union culture is very strong in Colombia.
There are cases where companies and trade
Careful with trade unions is a common saying, and the
union leaders paint a very pretty picture. But from
negative image of trade unions among a large percentage
the workers perspective, the situation is totally
different. They claim to be suffering from threats,
of the population and business sector hinders openness to
breach and changes to the TUC, undisclosed to
trade trade union initiatives. In addition, there are opposing
members. The company argues that the working
sectors that seek to weaken the image of the TUC and
environment is excellent and that the trade union
spread negative messages about it. There have even been
is permanently present, to monitor compliance.
However, workers claim that they are there to
legal attempts to remove the benefits of TUCs. Resistance
keep an eye on them, to dismiss them when it
and threats against contractors negotiating TUCs hinder
best suits them, and they are being persecuted by
trade union work and are obstacles for acceptance and
the trade union.
reputation. Also, government officials, accustomed to
earning something from the government procurement
mechanism, are reluctant to surrendering their power
and do not support its implementation. These elements hinder the TUC, and the challenge is
to destigmatise the negative image of trade unions. There is no strong state department for
labour inspection, supervision and control, which also identifies disguised trade unions. The
legal framework is limited, there is no specific regulation of TUCs. In addition, disguised trade
unions hurt the reputation and credibility of TUCs. The sin of the Ministry of Labour is that
none of the allegations regarding disguised trade unions has led to prosecution. It seems that
the national government gives priority to economic productivity over protection of labour rights
and strengthening of the trade union movement.
The current CGT strategy does not yet have specific tactics or tools to address fragmentation
and to reach important numbers of atypical workers. The fact that other confederations do not
share the same strategy hinders understanding and acceptance. A key aspect that limits the
massive reach to fragmented atypical workers is the lack of information at all levels about on
the advantages, disadvantages, achievements, modalities, legal aspects, etc. It is not easy to
understand it; is a concept that has been gaining ground recently. Atypical workers do not know
their rights and trade union tools. For many companies, it is an unknown subject, and even if
employers are convinced of its benefits, there is the issue of convincing their lawyers.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

CHALLENGES AND SUGGESTIONS

It is very difficult to reach atypical workers who change employers constantly and also lack
knowledge and confidence in trade unions. Another challenge is to improve the notion of
respect towards collective bargaining, because the notion of individual contracts prevails today.
Changing the perception of people about trade unions and TUC requires a lot of education,
outreach and training, and should even be integrated into school curricula and university
education (law schools). At the same time, trade unionisation is very slow, requires changes
in the legal framework and massive programmes of association. The latter requires much
larger teams in situ with persistent programmes. It is a challenge for such a large country.
The government it is not encouraging the development of a unionisation policy. Although legal
measures are required, the state does not comply with formalisation of labour: for example, the
SENA28 hires more than 65% of their workers through third parties. In the health sector, there
is 80-90% of informality. A transformation of the system itself is required. Currently, there is
not much awareness that microenterprises which employ millions of people may also hire
formal workers, and there are no incentives to encourage them to do so.
Confederations nationwide may be strong, but the success and reputation of the TUC depends
on the vision, intentions and capabilities of the trade union: When it does not seriously seek
social purposes, it runs the risk of becoming an extension of the company. At the same time,
with the TUC, the trade union could generate significant revenues. Also, it is necessary to avoid
intermediation, by being very transparent and explicitly demonstrating social benefits, because
negative reputations are major obstacles to scaling the model.
A major factor that defines sustainability of trade union contracts is the economic factor. Trade
unions have a challenge; they have to offer jobs at lower costs than others, offering also the
added value of labour rights. It is not an easy task! Some trade union contracts require trade
unions to hold private companies harmless of any labour claim. It is a complex concept, which
has already led to lawsuits, when salaries and benefits are not paid to workers. As a result, they
were not able to cover their expenses such as house rent, schools fees for their children and
have lost medical care services due to arrears in payment.

SPECIFIC SUGGESTIONS REGARDING TRADE UNION CONTRACTS

Many lessons are learned along the way; for example, in the public sector, many extensions
are made to the initial contract instead of signing longer contracts. This, in turn, may affect
stability. It is important to negotiate longer contracts and campaign for greater government
regulation of TUCs, so they become more accessible to government agencies. Since TUCs are
practically unknown, it is essential to disseminate information about them, both to atypical
workers, and trade unionists, employers, judges, and inspectors, in order to promote broader
implementation. At the same time, it is essential to demystify misperceptions of the TUC and
seek mechanisms to expose disguised trade unions (through better regulation, thorough
investigations, developing checklists of what a trade union is/is not). The government should
and could play an important role in both regulation of trade unions, and in changing the antitrade union culture, regardless of the incumbent government. To achieve this, it is important to
emphasise the NON-VIOLENT model for conflict resolution, dialogue and collective bargaining.
Several trade unions believe that the Confederation has to create mechanisms to ensure
collective learning, by systematising experiences, best practices, and providing training; and
grassroots trade unions must lead the way and demonstrate quality and track record of TUCs.

28

National Learning Service, attached to the Ministry of Labour, offers free training.
23
ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

KEY ISSUES FOR FURTHER DISCUSSION

The table below shows the key issues that various stakeholders deem important for the debate
during the international conference.
National

International

Discussing how to better use successful

experiences on protection of labour rights
through collective labour agreements
and conciliatory role of the trade union,
to increase the efficiency of national and
international advocacy.

Analysing which strategies informal

workers are using internationally to
cope with atypical work, in a context
of corporate greed.

How to ensure strengthening of labour rights

and democracy in trade unions, in a context
of an anti-trade union culture and negative
image of trade unions, increasing violence
and attacks on freedom of association.

Deeper analysis of flexibility and

atypical work from a gender
perspective, how it affects the
different social, generational,
and gender groups, who are most
affected and what strategies and/or
specific tools exist to improve their
situation, taking into account that
there is often a masculinisation in
the defence of labour rights.

Discussing what are the different routes to

achieve the transition from TUC (temporary)
to direct contract.

Analysing what (other) functional

mechanisms exist to eliminate the
option of labour intermediation.

Which should be the target sectors: where

is the labour situation most precarious, with
abundant labour rights violations?, or should
we target business sectors which may be
more accessible?

Discussing which international law

is required to promote and demand
rollout of the trade union contract.

Strengthening dialogue on the relationship

between the trade union and members,
between members and the contracting
company under TUC. How to deal with this
delicate issue and how to avoid situations
where workers are left without coverage
in case of non-payment by one of the two
parties?

How to ensure that governments

understand clearly the contribution
of TUC to decent work.

How to include production trade

associations, so that they understand that
in a country where the right of association
is not respected, there is no political and
democratic viability, which in turn affects
productivity.

The importance of worker

organisation. Which validated
mechanisms exist to address the
fragmentation of atypical workers,
especially for those who change
employers constantly.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

CONCLUSIONS AND RECOMMENDATIONS

GENERAL
The current neoliberal model favours outsourcing, which has a strong impact in Colombia,
where the informalisation of labour is extremely high. This process makes it impossible for
all workers to be employed directly and indefinitely. At the same time, we should not strive for
everyone to be hired via TUCs. What we need is a balance in recruitment procedures, seeking
the transition to greater respect for labour rights of outsourced workers. TUC is one of the tools
to address this outsourcing. In Colombia, it is being implemented for the past 10 years, with
successful experiences, gradually increasing the number of members working through a TUC.
The feedback from the organisations implementing it is very positive. At the same time, there is
still resistance from businesses and political sectors, for a number of reasons, from ignorance,
an anti-trade union culture, to the search for maximum profit at the expense of labour rights.
The TUC system is very fragile because it depends on individuals, the board of directors, the
president. There are still no mechanisms to overcome this weakness, and this to a great
extent caused by the fact that members see the trade union as their board of directors, and
do not feel they are the trade union, which can also generate intermediation. One way to avoid
this is to always have the assembly approve the TUC prior to signing it. We need to find other
mechanisms to overcome this fragility and professionalise trade unions on labour rights
issues, management and implementation of projects and advocacy to properly manage these
contracts.

DISSEMINATION
Since the concept of TUC is not well known, it is essential to disseminate information about
it, among both atypical workers, and trade unionists, employers, judges, politicians, and
inspectors. A key to achieve this is the systematisation and dissemination of success stories and
challenges, showing achievements and impact, for both workers and contracting companies.
This is essential in order to scale the application of TUCs. Furthermore, it is vital to promote
strategies like speak with your fellow businessmen, peer to peer and to give a greater role to
members, (members as spokespersons) and to take stronger positions in the public debate,
without taking risks, using the success of TUC. This dissemination effort requires not only
united efforts, but also to destigmatise the negative image of trade unions. One way to achieve
this is to work with great transparency, avoiding errors that discredit the image of TUCs.
Another important element is that the CGT philosophy, of agreement through negotiation and
dialogue, creates opportunities, especially in a historically violent context, in the trade union
world and in general, where workers are tired of hostilities and abuse.

VISIONS
Within the CGT, there are different opinions on the purpose of the TUC. For most, it is the
means, a transition to combat flexibilisation of labour, to create afterwards a favourable
working environment for individual employment contracts. For others it is an end in itself; they
believe that the benefits of collective bargaining are important, such as improving labour rights
and working conditions. The shared vision among all of them is that this process takes several
years, of learning by doing, and that way forward is through consultation and dialogue. There is
also a variety of opinions among external stakeholders. However, one opinion prevails, namely
27
ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

of those who have actually worked with TUCs; they all recognise that there are challenges, but
support the idea.
It is very important to pay attention to the different perceptions regarding the concept of trade
union leaders and affiliates. When we achieve a shared perception among leaders and
members that we are the trade union, because we are an integral part, the life of the trade
union there will be a viable and sustainable basis for the TUC. In practice, there is the notion
among affiliates that I am different from the trade union and members see their trade union
as their board of directors. Each notion results in a different employment relationship, and
defines the form of solidarity, collective work and the extent to which the collective interest is
represented.

CONTEXTS IN WHICH TO IMPLEMENT IT

The notion of collective contracts works in a number of areas of the country but not all. It is
essential to analyse the conditions under which this notion operates. Without this analysis, the
TUC could fail or become an extension of the CTAs. We must analyse, identify and systematise
these conditions or critical success factors, which would serve as a guiding framework to start
the TUC process and provide it with a viable and sustainable foundation.
Undoubtedly, there are several labour needs in Colombia that are not covered by the traditional
system of labour law. The TUC could pave the way for an improvement of labour law. However,
according to several experts, this would only work in places where there is still the notion
and belief of collective contracts. It is not appropriate to begin in places like Bogot, where
individual thinking prevails. In addition, experts recommend implementing TUCs primarily in
sectors with most precarious situations, with most severe violation of labour rights, and with
most severe social and economic problems, racism and exploitation. For example, the informal
sector of farmers, sugarcane workers, palm workers, starting from the grassroots and not
focusing on the industrial or business sector.
In closing, the TUC is a concept that has been gaining ground recently, yet it has not been
widely implemented, but has successful experiences and shows great potential to become an
important tool to formalise the labour sector. We need to keep experimenting, evaluating and
improving this model.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS

INTERVIEWEES

Julio Roberto Gmez, President of CGT

Ana Catalina Herrera Para, Legal Counsel, CGT
Alberto Guzmn Gmez, President of FEGTRAVALLE CGT
Fredy Restrepo, inspector at Sintracontexa Ro Negro
Luz Adriana Cano Salazar, Sintracontexa Antioquia, worker with trade union collective
contract of Sintracontexa, working for multinational company Leonisa (underwear
manufacturer)
Luis Fernando Cadavid Mesa, president of Sintracontexa
Alex Ivn, President of the Union of Workers of the National Energy Industry - UTEN
Nacional.
Freddy Artunduaga, UTEN Nacional, General Manager/director of the trade union contract
in the oil sector.
Carlos Bello, Secretary-General of UTEN HIDROCARBUROS
Jos ngel Pea Nivia, President of Sintrauniobras. Bogot. Trade union contract with Road
Maintenance Unit
Juan Carlos Abreo Beltran, Director of the Road Maintenance Unit (UMV) Administration
of Capital District of Bogot & Marcela Gonzlez, Legal Counsel. Trade union contract with
Sintrauniobras.
Ricardo Barona Betancourt, researcher at Universidad Externado de Colombia.
Alberto Echavarra Saldarriaga, Vice-president of legal affairs of the National Business
Association of Colombia - ANDI
Rubisol Prez worker with a trade union contract with Sintrauniobras. Auxiliary traffic
officer for road maintenance works in Bogot (3 years working with Sintrauniobras)
Mnica Guzmn Gonzlez worker with a trade union contract with Sintrauniobras.
Auxiliary traffic officer for road maintenance works in Bogot.
Jos Luis Arango. Director of Human Resources, Compaa de Empaques S.A. Itag,
Antioquia.
Anonymous person with trade union contract with Sintraempaques, working at Compaa
de Empaques S.A.
Marcel Silva Romero, lawyer and expert in collective agreements. National University of
Colombia, Faculty of Law.

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ATYPICAL WORK IN COLOMBIA. TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS