Protection action due to arbitrary layoffs. Binding nature of recommendations issued by ILO bodies upon the State of Colombia. Possibility of restricting the right to strike only when essential public services are at stake.
The decision has been complied with only partially. The failure to hire back 29 workers, as well as the Government’s refusal to indemnify the union are currently being reviewed by the ILO Freedom of Association Committee.
The Constitutional Court’s decision regarding the binding nature of recommendations issued by ILO bodies upon the State of Colombia is very significant, because the same criterion could be applied to recommendations issued by human rights protection bodies in general, even if these are not of judicial nature.
Petitioner: Sindicato de las Empresas Varias de Medellín Defendants: Ministry of Labor and Social Security, Foreign Affairs Ministry, Medellín City Government (Colombia) and Empresas Varias de Medellín (http://www.eevvm.com.co/).