Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Colombia

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1963)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1969)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), received on 31 August 2025. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), and the International Organisation of Employers (IOE), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. Race, colour. The Committee notes the information provided by the Government in its report, according to which, in 2024–25: (i) the overall activity rate of the indigenous population was 66 per cent, with an employment rate of 61 per cent and an unemployment rate of 7.5 per cent. The activity rate of indigenous women reached 55.7 per cent compared to 76.9 per cent for men, and as a whole the indigenous population was occupied mainly in agriculture, livestock, hunting, forestry and fishing (33.2 per cent), manufacturing industries (18.4 per cent), vehicle trade and repair (10.9 per cent), public administration, defence, education and health (7.9 per cent) and artistic, recreational and service activities (6.6 per cent); and (ii) with regard to the Black, Afro-descendant, Raizal and Palenquero (NARP) population, the overall activity rate was 64.7 per cent, with an employment rate of 56.6 per cent and an unemployment rate of 12.6 per cent. The activity rate of NARP women was 53.4 per cent compared with 77.1 per cent of men, and as a whole the NARP population was occupied mainly in agriculture, livestock, hunting, forestry and fishing (19.8 per cent), vehicle trade and repair (15.5 per cent), public administration, defence, education and health (10.5 per cent) and artistic, recreational and service activities (10.3 per cent). The Committee notes with concern the Government’s indication that the measures taken against the impact of the COVID-19 pandemic did not significantly reduce the structural gaps among ethnic and racial groups in the labour market, and that in many cases the labour conditions for these peoples deteriorated or was stable. It also notes that: (i) in 2021, the average monthly income for Afro-descendant households was 52 per cent lower than that of non-ethnic group households (862,501 Colombian pesos compared to 1,310,084 pesos), while that of indigenous households was even lower (521,849 pesos); and (ii) only 19.3 per cent of the Afro-descendant population and 10.3 per cent of the indigenous population reached the universal level or higher, compared to 27.6 per cent of the non-ethnic population. The Government indicates that the measures adopted include Act No. 2666 of 2025 (Labour Reform), which enshrines protection against work-related discrimination on the grounds of race or ethnicity, making it mandatory for employers to establish clear and effective mechanisms for the protection of these vulnerable groups, as well as the labour inclusion strategy implemented by the Public Employment Service.

With regard to cases of discrimination on grounds of race and colour in employment and occupation, the Government reports that between 2022 and 2025, the labour inspectorate registered 73 cases and that only one fine was imposed, which has been enforced. The Committee also observes that the United Nations Human Rights Committee was “concerned at the persistent structural and historical discrimination suffered by members of Indigenous Peoples and communities of persons of African descent, which manifests in high rates of poverty and social exclusion among those groups in comparison with the rest of the population” (CCPR/C/COL/CO/8, 4 September 2023, para. 10). The Committee requests the Government to continue to provide information on: (i) the impact of the measures adopted, including Act No. 2666 of 2025 and the labour inclusion strategy, on the activity of indigenous persons and persons belonging to NARP communities in the labour market, and on the reduction of the gaps identified; and (ii) the number of cases of racial discrimination in employment and occupation handled by the labour inspectorate and other competent authorities, including the penalties imposed and compensation awarded.

Persons with disabilities. The Committee notes with interest the adoption of various legislative measures by the Government: (i) Decree No. 533 of 2024, which established an incentive for the generation and retention of formal jobs through a state contribution of 35 per cent of the current legal minimum wage to employers who recruit persons with disabilities, with 2,155 incentives granted as of December 2024; (ii) Act No. 2294 of 2023 (National Development Plan 2022–26), which provides for the design of a road map to develop a scheme for reasonable adjustments in public and private employment; (iii) Act No. 2466 of 2025 (Labour Reform), which sets out special requirements for the employer to carry out reasonable accommodation in the workplace, report the recruitment of workers with disabilities to the Ministry of Labour, and maintain minimum employment quotas for persons with disabilities (two for every 100 permanent workers in enterprises with up to 500 employees, and one additional worker for every 100 workers in larger enterprises) (section 15). This Act also introduces increased protection in disciplinary proceedings to ensure the understanding and effective participation of persons with disabilities (section 7), thereby preventing the imposition of penalties as a result of communicative or cognitive barriers, and recognizes the right to flexible working hours for those who care for persons with disabilities, thus supporting social co-responsibility.

The Government also reports that: (i) between 2022 and 2025, around 314 activities to promote labour inclusion were carried out, resulting in the placement of more than 10,000 persons with disabilities through the Ministry of Labour; (ii) as of 30 December 2024, more than 17,000 persons with disabilities were occupied in the public sector, with sight, physical and hearing impairments being the most common; and (iii) in relation to the implementation of Decree No. 392 of 2018, which grants additional points in public procurement processes to those who employ persons with disabilities, the number of certificates issued by the Ministry of Labour increased from 607 in 2017 to 6,872 in 2023. With regard to job security, the Government indicates that Act No. 361 of 1997 establishes that the dismissal of a worker with disabilities is presumed to be discriminatory, and therefore any employer intending to terminate the employment relationship in this context must request prior authorization from the Ministry of Labour (section 26). In this respect, the Committee notes that out of the 1,384 requests filed in 2024, 107 were granted. The Committee notes this information.

Sex. Gender equality policy. The Government indicates that Act No. 2466 of 2025 (Labour Reform): (i) created the job creation benefit (Crea Empleo), granting benefits to employers who recruit women (section 35); (ii) strengthened protection against discrimination in employment and occupation on the grounds of pregnancy, gender or sexual orientation (section 17); and (iii) provides a stronger labour inspection framework to ensure equal pay for men and women. The Committee also notes: (i) the enactment of Act No. 2281 of 2023 and Act No. 2458 of 2025, which set up the Ministry of Equality and Equity and the National Care System, and establish measures to strengthen the breastfeeding community and promote breastfeeding in Colombia, respectively; (ii) the creation of the “Equirutas” platform, which enables enterprises, irrespective of the sector, to identify ways of advancing gender equality; (iii) 14 workshops that were attended by 70 enterprises, where topics such as new masculinities were discussed, and as of October 2023, 1,296 workers participated in free courses on gender equality; and (iv) that the business equality label (Sello Equipares Empresarial) programme recognizes those enterprises that implement policies that address work-related issues, such as the balance between private and professional life.

Regarding the LGTBI community, between 2024 and 2025 the workforce fell by 27,900 persons, while the number of employed rose to 323,000, with an unemployment rate of 11.4 per cent. The Committee also notes that, with regard to manicurists, formalization initiatives have been promoted by streamlining tax obligations for micro and small businesses and applying Act No. 711 of 2001 on beauty salons, which requires formal accreditation. The Government estimates that around 423,000 people work in hairdressing, beauty treatment salons and related occupations, with an informality rate of 85.3 per cent in 2024. The Committee notes the observations of ANDI and the IOE, regarding: (i) the “Impacto M” mentoring programme, which promotes women’s participation in leadership positions and has benefited more than 1,370 women in 481 enterprises; and (ii) the need to support micro, small and medium-sized enterprises in order to effectively implement the certifications and equity practices promoted by the Government. It also notes the observations of the CUT, CTC and CGT, which state that resolution No. 33 of 2025, adopting the Institutional Policy for Gender Equality and the National Labour Equity Programme with a differential and gender approach, lacks effective monitoring mechanisms and robust indicators to measure its impact. The Committee requests the Government to provide its comments in response to the observations of the CUT, CTC and CGT.

Convention No. 100 – Principle of equal pay between men and women for work of equal value

Articles 1 to 3. Application of the principle of equal pay. Objective job evaluation. The Committee notes with interest that Act No. 2466 of 2025 amended section 4 of Act No. 1496 of 2011, introducing new criteria for objective job evaluation, such as “skills and qualifications required for the performance of the job, which may be gained from education, training or experience”, and “physical, mental and or psychological effort, or degrees of expertise and skill within the development of an employment relationship”. The Government also reports that the business equality label (Sello Equipares Empresarial) programme promotes the use of wage analysis methodologies based on the principle of the Convention. The Committee further notes that the regulatory process for Act No. 1496 is under way. The Committee requests the Government to provide information on the application of the new section 4 of Act No. 1496 and its regulatory process. It also requests the Government to report on the implementation and impact of the business equality label (Sello Equipares Empresarial) programmein relation to the establishment of objective job evaluation methodologies, as well as on any new initiatives envisaged or adopted in this regard.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Government indicates that: (i) between 2021 and 2024, technical and educational support was provided to employers and workers in areas such as equity and equal pay between men and women in various economic sectors, including accommodation and catering, trade and construction; (ii) between 2021 and 2023, 2,372 labour inspection officials were trained in identifying cases of wage discrimination, and 36 cases of employment discrimination on grounds such as sex, race and religion were registered as a result; (iii) a committee was formed – the Elite Labour Inspection Group for Gender Equality – with specific expertise to carry out inspections and activities with a differential approach; (iv) with regard to equal pay infringements, 41 cases were identified relating to the failure to keep records of profiles and job assignments disaggregated by gender, job and remuneration, and non-compliance with the wage assessment criteria established; and (v) in only one of the above cases, in which some form of decision was taken, was a fine imposed. The Committee notes this information.