atypical work in colombia; trade union challenges and strategies to improve labour rights - ard...

7/26/2019 ATYPICAL WORK IN COLOMBIA; TRADE UNION CHALLENGES AND STRATEGIES TO IMPROVE LABOUR RIGHTS - ARD S

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ATYPICAL WORK IN COLOMBIA;

TRADE UNION CHALLENGES AND

STRATEGIES TO IMPROVE LABOUR RIGHTS

WE MUST MAKE THE JOURNEY; DIRECT WORK IS OUR GOAL


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ATYPICAL WORK IN COLOMBIA. TRADE UNIONCHALLENGES AND STRATEGIES TO IMPROVELABOUR RIGHTS

WE MUST MAKE THE JOURNEY; DIRECT WORK IS OUR GOAL

Ard Schoemaker Bogota, October 2015

CONTENT1. 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

ACRONYMSANDI National Business Association of ColombiaCGT: General Confederation of Work of ColombiaCST: Labour CodeTUC: Trade Union ContractWC: Worker CooperativeSSC: Simplified Stock Company

CUT: 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.

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


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SUMMARY OF ATYPICAL WORK IN COLOMBIA

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

CONTEXTThe pressures of globalisation have forced private companies to produce in more austereconditions, affecting working conditions, in order to remain competitive. At the same time, tradeunion power is declining, due to an increasingly flexible workforce, caused by atypical work.Both internationally and in Colombia, this phenomenon generates a growing informalisation ofthe formal labour sector. The upshot is that more than 60 percent of ( 64% female, 60% male1)

workers in Colombia have an informal2or atypical job, without proper working conditions andcomprehensive social security, and unable to join trade unions. Consequentially, workers withformal employment are now part of the minority. At the same time, there is fragmentationof trade unions in Colombia due to the fact that the Worker Cooperatives (WC 3) are being

transformed into Simplified Stock Companies (SSC4)to evade labour responsibility and mutate into fakeunions or unions in disguise, with unacceptableworking conditions, even under the impassive gazeof the government. Thus, the rate of associationincreases artificially. The SSCs use this legalcharacter to continue using contracts to provideservices, with no approach to defence of labourrights, a process that also weakens the existing tradeunions and the credibility of the trade union contract(TUC).

1Regardless 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 2015.3Non-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 usethe 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.



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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 lowercontributions 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 ofLabour. The argument that the minimum hiring costs5are the main cause of informality, andthat 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 thecompany and requires simplified hiring systems, a notion that has not been substantiatedwith appropriate studies. Many employers believe that companies must be first financiallysustainable, to later create decent jobs, a notion that contradicts the idea of promoting decentwork to generate productive companies.

Since the mid-1990s, labour contracts were eliminated in practice, and were replaced byoutsourcing, 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. Despiteadvances in gender policies, there are still considerable differences between men and womenin the Colombian labour market, especially in labour informality. Women remain most affectedby this problem and young people have low wages, high levels of informality, poor workingconditions and exclusion from social protection systems. Labour informality is also reflected inthe low percentage of workers in the pension system ( 30%7). In Colombia, this percentage isbelow the continental average.

Despite many challenges8, the CGT implements TUCs since 1990s, to respond to this growinginformality. Its approach is based on contracts, seeking better rights and working conditions.Trade union work has shown that respecting labour rights increases productivity, job securityfor the employer, with disciplined workers and quality of work, as recognised by employers. Thisstudy reports on the different experiences, results and challenges, based on descriptions ofvarious stakeholders (informal and affiliated workers, trade unions, state agencies, businesses,politicians and lawyers).

5 Minimum wage, contributions to social security, payroll taxes and other costs borne by the employer.6 Snchez Torres/ Alvarez Vos, 20117

Percentage of contributors from the total of workers. Source: IDB, 2013.8In 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.



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There are different trade union confederations with different strategies. The CUT9promotesthe 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 byunorganised 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 bylaw 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 thesame time, it recognises that TUCs are one of the applicable legal forms and claims it does notpromote any particular type of contract.

The CGT recognises that collective pacts are part of the law, but claims that wherever tradeunions operate, collective bargaining and agreements are the proper way to negotiate, becausemost companies use these pacts to discourage workers from joining trade unions; and theCGT 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, whichseeks the path of dialogue, consultation and negotiation.

The CGTs vision regarding labour contracts is the formalisation of the labour market, throughindividual labour contracts with due rights and proper working conditions to ensure decentwork. Its strategy is to implement TUCs from affiliated trade unions, increasing the numberof workers, companies and state institutions under this legal concept in order to escalate thistype of contract and formalise the labour market. Therefore, the CGT considers TUCs as ameans to achieve a higher goal. As TUCs are part of the main strategy of the CGT concerning theformalisation 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 beenable to prepare this document. I would like to express my appreciation to informal workers andtrade union members with collective agreements for their frankness and openness; trade unionleaders for their dedication and extensive explanations; and employers, government entitiesand experts in the subject. Special thanks to Ana Catalina Herrera, for her coordination andinputs; Julio Roberto Gmez and Miryam Luz Triana for their observations that improved thedocument, and Ricardo Barona Betancourt for reviewing the legal part.

9 United Confederation of Workers of Colombia, the confederation with the largest membership in Colombia.10 The National Business Association of Colombia.



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OVERVIEW OF THE IMPLEMENTATIONOF TRADE UNION CONTRACTS

TUCs were created in 1930, and were basically a response to a need for longshoremen, wholoaded ships. However, TUCs were forgotten for decades, because there was a culture ofdistrust between employers and trade unions, the latter often without technical training tomanage 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 andfreedom of association, and direct contracting fell into informality. The great challenge for thetrade 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 labourguarantees of individual employment contracts. International treaties generated greater

competition between companies, which consequently reduced the benefits they offered andrelied more on providing services, working through WCs and temporary employment agencies,resulting in labour outsourcing11. Through the TUCs, employers were offered skilled labour, sothey would not resort to WCs. Their application has intensified in recent years, due to the littlepolitical progress in addressing the issue of informal work. The CGT manages TUCs throughaffiliated decentralised trade unions. These identify potential companies and cooperatives tostart a dialogue and institutional relations, and at the same time, identify workers with atypicalcontracts. It is a proactive approach to trade unionism, with agreements based on respect andcredibility.

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 TUCshave 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 weremanaged 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 conceptof job placement, and using profits for social purposes. It seeks to integrate the deregulatedworkers, by formalising them through TUCs, improving working conditions, establishing newwork cultures with respect for labour rights. CGT beneficiaries are the people in the informalsector, those with junk contracts and/or in unacceptable conditions.

TUCs are seen by many as an intermediate step to address outsourcing and violation of labourrights, towards individual contracts. Also, these have already proved their role in discouragingthe system of outsourcing, WCs and SSCs. At the same time, there are stakeholders who seekto weaken this type of contract, and there have even been legislative attempts to eliminatethem. Others accuse TUCs of causing outsourcing and of being another way of opening spacesfor contactor companies. The CGT has several positive experiences, which have substantiallyimproved labour rights, and it is increasingly able to demonstrate the benefits for both workersand employers.

11Temporary 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.



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EXISTING LEGAL FRAMEWORK CONCERNINGATYPICAL WORK AND CHARACTERISTICS OFTRADE UNION CONTRACTS

FORMS OF COLLECTIVE BARGAININGColombian 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, toset the conditions governing multiple individual contracts12.

The Collective Pact, as a result of a negotiation between the employer and therepresentative of non-unionised workers, in order to reach agreements between employersand individuals.

The Trade Union Contract, concluded between one or more trade unions and one or moreemployers, 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 Colombianlegislation, identifying the legal opportunities to meet the demands and needs of atypicalworkers 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 employersor 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 collectivelyto agree on benefits15. A TUC is not a civil contract; it is acollective labour contract that protects workers rights andaims to improve and assert labour rights, improve income,active participation of unionised workers in the development

and sustainability of enterprises, promotion of collective orgroup work, building trust and transparency in relations withthe employer so both parties can become allies in productivity

and quality. It is a voluntary collective labour agreement, reached in the exercise of freedom ofassociation, with administrative and financial independence from the trade union. It is governedby the rules and principles of collective labour law.

12 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 existin themselves and do not need an accessory contract.14 Article 482 of CST.15Source: Report on compliance with Resolution 2628 of 2012 COL/UE, June 2015, CGT



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The TUC must be signed by the legal representative who shall represent the trade unionmembers. The trade union is required to establish in its general accounts a subaccount for eachTUC signed. The obligations of the trade union include affiliation, payment and withdrawal fromthe 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 definedin the assembly of members, the regulations, and the TUC.

In Colombia, court rulings on TUCs have been few and only in recent years; therefore, theirregulatory development is recent. After the approval of the CST, it was established that, if theemployer needs to hire services or work, the first possible choice is a TUC 16. Prior to signing thecontract, there must be a meeting with affiliates to discuss the proposal and the conditions ofimplementation. 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 bythe 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 wereseveral changes over the years: A ruling17determined TUCs as civil contracts. A later ruling18established that trade union members do not have an employment contract with the tradeunion, and as such, there is no employer-employee relationship, because there is no elementof subordination, a typical element of the employment contract; and if seen from the oppositeperspective, it would seriously undermine the right to organise in Colombia. These two positionsalso take place in practice, because one of the main problems is that when a TUC is drafted,

16Decree 657 of 2006 Art. 217Supported by Article 24 of the Labour Code, Modified by Art. 2 of Law 50 of 1990 and ruling of 25 July 1981, Rad. 770718Supported by par. 9 of Article 5 of Decree 1429 of 2010 and ruling C-457/11 of 2011



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no (much) attention is paid to the fact that the trade union and its leaders are different from itsmembers. It is important to understand that the affiliate is different from the leader of the tradeunion, or the trade union itself. It is essential to understand that when contracts are signed withthe 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 unionand 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 thetrade union as their board of directors, this generates intermediation. For TUCs to work, andto avoid misuse of this legal concept, it is necessary to raise awareness about this notion andabout collective thinking.

Assuming that there is no employment relationship, it is understood that the TUC is aimed atrepresenting the workers. Another judgment also establishes that the trade union seeks withthe 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 manydifferent interpretations regarding who the employer is.

Another ruling19established the main differences between an individual employment contractand a TUC, indicating that the conditions of the TUC do not have subordination elements. Thisdecision 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 andone 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 eachcontract

Legally binding for the trade unionAn individual is bound to provide apersonal service

Equitable legal relation between company andcontractor; negotiation is done under equalconditions between the trade union and the company

There is a relation of subordinationand dependence of the worker withthe employer

There are two types of relation:One between the member and the trade unionOne between the trade union and the company

Trade unions that enter into this contract is liablefor direct obligations arising therefrom, and forcompliance with obligations established for itsmembers

Trade unions have the legal status to exercise rightsand actions on behalf of its members.

19Protectionary ruling T-303/11 2014



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Regarding TUCs for the public sector, Law 617 does not allow the entry of workers into thepublic 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 judgments20require state agenciesto 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 1429establishes that state agencies should analyse the use of TUCs before other mechanisms.

HOW THE CGT USES THE LEGAL FRAMEWORK FOR ITS TRADE UNIONCONTRACT STRATEGYThe 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 andcollective work, improving democratisation and promotion of freedom of association. It is basedon regulatory tools, not forgetting that there are still regulatory gaps and issues to betterspecify the rights21of participating members.

20S-614 de 2009 y S-171 de 2012.21For 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.

AN EXAMPLE OF RIGHTS,GUARANTEES AND OPPORTUNITIESTO MEET THE DEMANDS ANDNEEDS OF ATYPICAL WORKERSThrough the TUCs, demands have beenmet, thus improving conditions forworkers. An example of this statementis the TUC signed between IngenioMayagues (sugar mill contract) andthe trade union Sintraindulce: In 1990,with economic liberalisation and thelabour flexibility model, there was anunfavourable impact on workers in thesugar industry, reducing by 41% thenumber of workers, and the number oftrade union members by 50%.The TUCwas implemented and a transition tookplace to recover what was lost with

labour flexibility. Social security wasagain guaranteed, as well as the rightto workers transport, opening the wayagain to guaranteeing a decent job.Through social dialogue, some issues incollective agreement were flexibilised,mainly those related to salary issues.It also introduced the promotion ofworkers through training, thanks towhich 500 cane cutters are now in betterpositions. Currently 41% of workers atMayagues are under the TUC model withSINTRAINDULCE.



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SOME CHARACTERISTICS OF TRADE UNION CONTRACTS IN PRACTICEThere are modalities in which the company has a collective agreement for the production base; andduring production peaks, they use TUCs to hire more workers. Other companies work permanently withTUCs, and do not allow direct contracts. TUCs offer many more opportunities than WCs and employmentagencies, 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 onthe 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. Tradeunions 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 onthe model, dubbing it fragmentary. The most radical sector even wanted to eliminate the CST.



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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 workersand employers, while others focus on trade union contracts. There are trade unions seekingto recruit outsourced workers through struggle, mobilisation and victory which would allowthese workers to achieve respect for their dignity, with better living and working conditions,seeking direct contracting, the benefit of collective bargaining, the signing of collectiveagreements and the recovery of the right to strike. The CGT seeks direct contracting throughtrade union contracts, since the current conditions do not allow for direct contracting. TheCGT wants every worker with a contract, developing alternative forms of contracting, andconsiders 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 financialindependence from the trade union.

Promotion of collective work, providing services or performing work, with non-profitpurposes 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 devisepublic policies to reduce labour inequality, promote access to decent work and respect forfreedom of association and collective bargaining. The CGT develops policies for companies tohire workers directly and not through other intermediaries. Thus, it creates a framework ofguarantees so every worker has an employment contract for an indefinite term, respectingsocial 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 CGTstrategy 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 tradeunions to defend workers from exploitation. The current dominant model is as follows:



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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 employmentcontracts, nor can they negotiate independently. Trade union members negotiate collectivelycompensation, labour rights and guarantees. The company pays the trade union all costs andhas no direct relationship with the workers. The trade union handles payments and benefitsinternally and organises all aspects of the work, charging between 6-10% for administrationfees22. 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 labourintermediation and that the profits are used for collective social purposes.

The CGT defines its TUC strategy based on the characteristics of trade union contracts ofeach affiliated trade union, which have their own peculiarities and experiences. The CGT doesnot use a sectoral approach so far, because sectoral agreements cannot be negotiated. TheCGT focuses mainly on achieving consistency within the confederation and the affiliated tradeunions, consistency of vision and mission, positions taken in negotiations, the language usedand 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.Maintainingdirect 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.

22Contracts with intermediaries include approximately 33% of administration costs.



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NATIONAL STRATEGYCGT emphasises (at all levels and especially to the central government) the urgency of reducingwork informality and labour outsourcing, stressing that it is a critical situation, requiringspecific 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 thesemutated 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 anderadication of these false trade unions. It also urges the Ministry of Labour for labour inspectionto establish a special control over these false trade unions, which apart from generatingoutsourcing, give a negative image to the trade union movement. The previous governmentbanned these cooperatives, in order to promote labour formalisation systems in dignity, butthis did not have the expected results. The CGT presented a proposal to the government with28 items on job creation. These proposals range from primary income sources, to majorprojects, protection of national production and the internal market, replacing food production 23.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 strongestpoint is the organisation of workers by branch of industry. Trade unions by company werealways favoured in Colombia, but now they are being promoted by industry sectors. While tradeunionism by industry is promoted, its development in Colombia is very limited.

LOCAL STRATEGY

AUTONOMYRegarding 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 havefreedom to devise their own mechanisms for implementing TUCs and therefore there is avariety of applications24. They all agree, however, that trade union contracts should not be usedin every case. (Note that CGT affiliates with TUCs are an absolute minority). When affiliatedtrade unions approach companies, the reputation of the Confederation helps a lot, as the latteris considered a serious, responsible and professional organisation. Their statements at thenational level, and their good relations with all stakeholders are an important factor to generatethe necessary trust.

AFFILIATION

In some sectors, workers apply for membership on their own initiative. Then, the trade unionassesses 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 tradeunion is already within the company, they assess the working conditions of the staff, whichagreements are in place, and seek to improve them. For workers who frequently changeemployers and/or are working in the informal sector, the CGT strategy focuses on industrysectors; however, it is very difficult when they have no organisation. The trade union canorganise them through direct affiliation, which is a highly intensive work and there is nofunctional strategy in place for this purpose.

23Colombia produces 320 million tons of food every year; however, it imports 13 million tons, which has a major impact on

employment.24Some trade unions use a philosophy combining trade union and corporate components; others focus more on the

grassroots.



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STEPS FOR THE IMPLEMENTATION OF TRADE UNION CONTRACTSThe most important aspect in establishing a TUC is that it must be based on the need of acompany, 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 havecredibility with the contracting company, and should build or improve their institutionalrelations and establish a permanent dialogue. It is a proactive trade unionism focusingon the organisation, based on credibility, showing how trade union work strengthens thecompany and the workers. In practice, this often starts with small tasks, with little impacton the organisation, showing that a happy worker works well and that this modality ismore efficient.

2. The second condition is that the trade union must have a name and a reputationacknowledged by the worker, proving that belonging to the trade union equals working inbetter 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 matrixand actual production costs, including costs for labour rights and benefits) are the mostdifficult items to agree on.

5. After reaching the agreements, the TUC is signed, which creates spaces for permanentnegotiations (this is how TUCs differ from collective agreements, which are fixed).

ADVANTAGES OF THE TRADE UNION CONTRACT STRATEGYTrade 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 thousandsof workers have a direct employment relation25. TUCs managed to discourage the contractorsystem and cooperatives. Trade union work has shown multiple benefits (see box on theSintracontexa case). Furthermore, under the TUC, the employer cannot lay off a participatingmember, 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 differentforms of employment (especially TUCs) is integrated into the CGT strategy provides an effectivebasis for workers who have moved from informality to TUCs. These have ensured compliancewith the minimum labour obligations, greater job stability, access to social security and extra-legal benefits, but especially less vulnerability to violation of labour rights, to unjustified layoffswith no respect for legal procedures. In addition, it has created a strong sense of communityand solidarity, strengthening their capacities for collective bargaining and self-protection. Theywork in an improved labour environment, which increases motivation, commitment, quality ofwork and satisfaction at the workplace.

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



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Regarding progress of TUCs, so far these have notbeen implemented successfully in several regions ofthe country. Not all cases are successful, but whereverboth parties achieve a dialogue based on trust, fair

negotiation, and all stakeholders are convinced of thewin-win situation, the working conditions, benefitsfor workers and for the employer are improved26. It isdifficult to determine how efficient the CGT strategy is.So far it has not been applied massively and there areno specific statistics on its achievements. What is clearis that it is a work in progress, with important elementsto scale its deployment. Considering that TUCs havea limited application, there are also challenges, asevidenced by the case of Sintrauniobras27(see tablebelow).

26Greater productivity, sense of belonging, quality of labour, compliance, fewer accidents and a proactive working

environment27Trade union of public works of the District of Bogota.

SINTRACONTEXA, THE EXPERIENCE OFLUZ ADRIANA CANO SALAZARLuz, a single mother affiliated to Sintracontexa and hasworked for nine years with a TUC for Leonisa (under-wear manufacturing company). She explained that the

trade union contract not only ensured better conditions,but the profit taken previously by employment interme-diaries is now invested for the collective benefit of all.The benefits she receives, apart from those establishedby law, are: trainingby the trade union, financial sup-port to buy a home(she now owns her home), favour-able loans, psychological appointments, several aids(financial assistance for her childrens studies, fornewborns, marriage, death in family, school kits, eye-glasses, disability),life insurance, transportation, andfree work lunch, Christmas bonus and additional vaca-

tion. So far there has been no breach of the trade unioncontract. This has been achieved through progressive

negotiations. Membership increased from 80 to 4000members. There is a mutual company (a solidarity-based social economy company that buys goods in bulkto give better prices for beneficiaries, and giving low-interest loans. The interest earned is used again forthe benefit of the members). This has contributed Luzshappiness, thanks to theexcellent conditions and pro-active working environment, order and safety at thefactory, and especiallyjob security. Luz believes that1% of her salary as a contribution to the union is defi-nitely worth it. She says that this has created a strongsense of belonging, greater productivity, commitment,

quality of work and discipline and that workers havebecome trade union leaders. Luz explains that before,

she had no idea that TUCs existed, and had a very nega-tive attitude towards the trade union. She explains thatwhen TUCs began, many people opted out, because theydid not trust this mechanism. Now, workers feel morelike collaborators than like workers.

Sintracontexa indicates that TUCs offer several advan-tages for the company:- Improved quality of the labour, commitment and sta-

bility of workers in the company, which has increasedproductivity

- Fewer accidents- The company can focus more on sales

- TUCs helps financially troubled companies- The company does not have to pay severance whenno jobs are available

- The company pays through the trade union andallows the assembly of members to determine thefrequency of payment.

- The relationship of trust between trade union and thecompany, which contributes to frank dialogue andgood communication, a basis for continued negotia-tions.

SINTRAUNIOBRAS BOGOT.TRADE UNION CONTRACT WITH A STATE ENTITYSintrauniobras signed a TUC with a state entity (Road Maintenance Unit).Two workers at Sintrauniobras (both auxiliary traffic officers for road main-tenance work) claim that their labour rights have greatly improved, althoughthe basic wage is a little lowerthan working with contractors. There is morejob stability, solidarity, human quality they feel at home and extra-legalbenefits.Among other benefits, they get paid leaves, food subsidy, compen-sation fund, medication not covered by insurance, training, flexible work-

ing hours adapted to the needs of workers, so they can study. The workerssaid that there are no other labour issues that need to be improved.

Sintrauniobras, however, has an imperfect and fragile relationship with theUMV, and there are different perceptions; for example, the entity requests tohave a deadline for delivery of works, a system of fines and punishments, aextra-contractual insurance policy paid by the trade union, covering againstincidents, and greater control by trade union administration; issues that thetrade union cannot agree on. The company did not agree to medium-termcontracts and the contract has now been extended nine times. It shows thatthere are advantages, yet difficult situations, and a lasting relationship basedon 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. Theybelieve that the trade union has to be as competitive as other contractors.They claim that there is conflict between the obligations of state contractsand the right to free association; the latter prevents the external controlrequired by the entity. They argue that the union does not necessarily havethe financial arm, the technical and administrative capacity to manage itwell. There are also different perceptions about who the employer is, as bothstakeholders are reluctant to assume this role. The workers claim that theydo not have an employer, but colleagues, based on mutual support.



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DISADVANTAGES AND BOTTLENECKSThe trade union contract involves a complex and intensive process that can impact andeven weaken the trade union if this is not strong enough. So far, trade unionism is a largelyideological 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 wherethe TUC no longer offered benefits to workers after leadership changed; the contract no longerbenefited 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 forimproving the situation of workers through the TUC. The major disadvantage of TUCs is thatmany companies are unaware that this is a temporary measure and seek to impose it on apermanent basis.

The anti-trade union culture is very strong in Colombia.Careful with trade unions is a common saying, and the

negative image of trade unions among a large percentageof the population and business sector hinders openness totrade trade union initiatives. In addition, there are opposingsectors that seek to weaken the image of the TUC andspread negative messages about it. There have even beenlegal attempts to remove the benefits of TUCs. Resistanceand threats against contractors negotiating TUCs hindertrade union work and are obstacles for acceptance andreputation. Also, government officials, accustomed toearning something from the government procurement

mechanism, are reluctant to surrendering their powerand do not support its implementation. These elements hinder the TUC, and the challenge isto destigmatise the negative image of trade unions. There is no strong state department forlabour inspection, supervision and control, which also identifies disguised trade unions. Thelegal framework is limited, there is no specific regulation of TUCs. In addition, disguised tradeunions hurt the reputation and credibility of TUCs. The sin of the Ministry of Labour is thatnone of the allegations regarding disguised trade unions has led to prosecution. It seems thatthe national government gives priority to economic productivity over protection of labour rightsand 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 notshare 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 onthe advantages, disadvantages, achievements, modalities, legal aspects, etc. It is not easy tounderstand it; is a concept that has been gaining ground recently. Atypical workers do not knowtheir rights and trade union tools. For many companies, it is an unknown subject, and even ifemployers are convinced of its benefits, there is the issue of convincing their lawyers.

There are cases where companies and trade

union leaders paint a very pretty picture. But fromthe workers perspective, the situation is totallydifferent. They claim to be suffering from threats,breach and changes to the TUC, undisclosed tomembers. The company argues that the workingenvironment is excellent and that the trade unionis permanently present, to monitor compliance.However, workers claim that they are there tokeep an eye on them, to dismiss them when itbest suits them, and they are being persecuted bythe trade union.



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CHALLENGES AND SUGGESTIONSIt is very difficult to reach atypical workers who change employers constantly and also lackknowledge and confidence in trade unions. Another challenge is to improve the notion ofrespect 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 universityeducation (law schools). At the same time, trade unionisation is very slow, requires changesin the legal framework and massive programmes of association. The latter requires muchlarger 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 legalmeasures are required, the state does not comply with formalisation of labour: for example, theSENA28hires more than 65% of their workers through third parties. In the health sector, thereis 80-90% of informality. A transformation of the system itself is required. Currently, there isnot much awareness that microenterprises which employ millions of people may also hireformal 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 dependson the vision, intentions and capabilities of the trade union: When it does not seriously seeksocial 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 avoidintermediation, by being very transparent and explicitly demonstrating social benefits, becausenegative reputations are major obstacles to scaling the model.

A major factor that defines sustainability of trade union contracts is the economic factor. Tradeunions 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 tradeunions to hold private companies harmless of any labour claim. It is a complex concept, whichhas already led to lawsuits, when salaries and benefits are not paid to workers. As a result, theywere not able to cover their expenses such as house rent, schools fees for their children andhave lost medical care services due to arrears in payment.

SPECIFIC SUGGESTIONS REGARDING TRADE UNION CONTRACTSMany lessons are learned along the way; for example, in the public sector, many extensionsare made to the initial contract instead of signing longer contracts. This, in turn, may affectstability. 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 arepractically unknown, it is essential to disseminate information about them, both to atypicalworkers, and trade unionists, employers, judges, and inspectors, in order to promote broaderimplementation. At the same time, it is essential to demystify misperceptions of the TUC andseek mechanisms to expose disguised trade unions (through better regulation, thoroughinvestigations, developing checklists of what a trade union is/is not). The government shouldand could play an important role in both regulation of trade unions, and in changing the anti-trade union culture, regardless of the incumbent government. To achieve this, it is important toemphasise the NON-VIOLENT model for conflict resolution, dialogue and collective bargaining.Several trade unions believe that the Confederation has to create mechanisms to ensurecollective 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.

28National Learning Service, attached to the Ministry of Labour, offers free training.



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KEY ISSUES FOR FURTHER DISCUSSION

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

National International

Discussing how to better use successfulexperiences on protection of labour rightsthrough collective labour agreementsand conciliatory role of the trade union,to increase the efficiency of national andinternational advocacy.

Analysing which strategies informalworkers are using internationally tocope with atypical work, in a contextof corporate greed.

How to ensure strengthening of labour rightsand democracy in trade unions, in a contextof an anti-trade union culture and negativeimage of trade unions, increasing violenceand attacks on freedom of association.

Deeper analysis of flexibility andatypical work from a genderperspective, how it affects thedifferent social, generational,and gender groups, who are mostaffected and what strategies and/orspecific tools exist to improve theirsituation, taking into account thatthere is often a masculinisation inthe defence of labour rights.

Discussing what are the different routes toachieve the transition from TUC (temporary)to direct contract.

Analysing what (other) functionalmechanisms exist to eliminate theoption of labour intermediation.

Which should be the target sectors: whereis the labour situation most precarious, withabundant labour rights violations?, or shouldwe target business sectors which may bemore accessible?

Discussing which international lawis required to promote and demandrollout of the trade union contract.

Strengthening dialogue on the relationshipbetween the trade union and members,between members and the contractingcompany under TUC. How to deal with thisdelicate issue and how to avoid situationswhere workers are left without coveragein case of non-payment by one of the twoparties?

How to ensure that governmentsunderstand clearly the contributionof TUC to decent work.

How to include production tradeassociations, so that they understand thatin a country where the right of associationis not respected, there is no political and

democratic viability, which in turn affectsproductivity.

The importance of workerorganisation. Which validatedmechanisms exist to address thefragmentation of atypical workers,

especially for those who changeemployers constantly.



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CONCLUSIONS AND RECOMMENDATIONS

GENERALThe 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 forall workers to be employed directly and indefinitely. At the same time, we should not strive foreveryone to be hired via TUCs. What we need is a balance in recruitment procedures, seekingthe transition to greater respect for labour rights of outsourced workers. TUC is one of the toolsto address this outsourcing. In Colombia, it is being implemented for the past 10 years, withsuccessful 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 isstill 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, thepresident. There are still no mechanisms to overcome this weakness, and this to a greatextent caused by the fact that members see the trade union as their board of directors, anddo not feel they are the trade union, which can also generate intermediation. One way to avoidthis is to always have the assembly approve the TUC prior to signing it. We need to find othermechanisms to overcome this fragility and professionalise trade unions on labour rightsissues, management and implementation of projects and advocacy to properly manage thesecontracts.

DISSEMINATIONSince the concept of TUC is not well known, it is essential to disseminate information aboutit, among both atypical workers, and trade unionists, employers, judges, politicians, andinspectors. A key to achieve this is the systematisation and dissemination of success stories andchallenges, 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 promotestrategies like speak with your fellow businessmen, peer to peer and to give a greater role tomembers, (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 onlyunited 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 anddialogue, creates opportunities, especially in a historically violent context, in the trade unionworld and in general, where workers are tired of hostilities and abuse.

VISIONSWithin the CGT, there are different opinions on the purpose of the TUC. For most, it is themeans, a transition to combat flexibilisation of labour, to create afterwards a favourableworking environment for individual employment contracts. For others it is an end in itself; theybelieve 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 severalyears, of learning by doing, and that way forward is through consultation and dialogue. There isalso a variety of opinions among external stakeholders. However, one opinion prevails, namely



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of those who have actually worked with TUCs; they all recognise that there are challenges, butsupport 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 andmembers that we are the trade union, because we are an integral part, the life of the tradeunion there will be a viable and sustainable basis for the TUC. In practice, there is the notionamong affiliates that I am different from the trade union and members see their trade unionas their board of directors. Each notion results in a different employment relationship, anddefines the form of solidarity, collective work and the extent to which the collective interest isrepresented.

CONTEXTS IN WHICH TO IMPLEMENT ITThe 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, theTUC could fail or become an extension of the CTAs. We must analyse, identify and systematisethese conditions or critical success factors, which would serve as a guiding framework to startthe 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 traditionalsystem 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 notionand belief of collective contracts. It is not appropriate to begin in places like Bogot, whereindividual thinking prevails. In addition, experts recommend implementing TUCs primarily in

sectors with most precarious situations, with most severe violation of labour rights, and withmost severe social and economic problems, racism and exploitation. For example, the informalsector of farmers, sugarcane workers, palm workers, starting from the grassroots and notfocusing on the industrial or business sector.

In closing, the TUC is a concept that has been gaining ground recently, yet it has not beenwidely implemented, but has successful experiences and shows great potential to become animportant tool to formalise the labour sector. We need to keep experimenting, evaluating andimproving this model.



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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 (underwearmanufacturer)

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 withSintrauniobras.

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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Stichting CNV InternationaalPostbus 2475, 3500 GL Utrecht

030 751 12 [email protected]

www.cnvinternationaal.nl

October 2015

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asociacin sindical o una forma de tercerizacin en Colombia.

Barona Betancourt, Ricardo, (2011). Revisin al contrato colectivo sindical. Camacho Lpez, M.E. (2005) Rgimen jurdico aplicable a los contratos atpicos en la jurisprudencia

colombiana.

Camacho Lpez, M.E. (2012) Procedencia en la configuracin de contratos atpicos en la nacin. Fedesarrollo, Economic and Social Research Centre: Monthly Report of the Labour Market (April/

June/July 2015, August 2014) Status report on Resolution2628 de 2012 COL / UE, June 2015, CGT.

Ramrez Rojas M.A. Guevara Fletcher, D.A. (2006). Mercado de trabajo, subempleo, informalidad yprecarizacin del empleo: los efectos de la globalizacin.

Salcedo Flrez, A. Los contratos atpicos y los mecanismos para su interpretacin Snchez Torres/ lvarez Vos (2011). La informalidad laboral y los costos laborales en Colombia

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Silva Romero, M. 2005.Contrato sindical, nico contrato colectivo de trabajo. Silva Romero, M. 2013. De la negociacin laboral de los negros y zambos del rio Magdalena. Sindicatos colombianos consiguen afiliar a trabajadores tercerizados mediante lucha,

movilizacin y victoria: (www.rebanadasderealidad.com.ar/industriall-15-50.htm) Trade Union Contract brochure Ministry of Social Protection, 2010. Labour Code - 2011 Constitutional Court, T -457, 2011 / Judgment T -136, 2014 / Judgment T-303/11 file T-2693032 Supreme Court, Labour Chamber, Judgment of 25 July 1981, Rad. 7707 Decree-Law 2663-1950, 657-2006, 1429-2010 Law 6 of 1945, section VI. Resolution 225 of 2015 and 2634 of 2014



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