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The Supreme Court of Colombia has sent a clear message to Prosegur in Colombia, the company must respect judicial orders.
In December 2010 Prosegur paid a US$ 2,000 bonus to workers who left the union and signed a Pacto Colectivo, a contract for non-union employees. In December of 2013, Prosegur paid non-union workers another bonus of US$ 1,000. The payment of the bonuses violated the right to equality of unionized workers.
Prosegur was obliged to give the same rights and benefits to unionized staff as their non-union colleagues. However, Prosegur didn’t pay the bonuses to union members and the company’s legal representatives were subject to arrest orders.
The company appealed the arrest order against Alejandro Agudelo, the person legally responsible for Prosegur in Colombia, claiming that he was never personally notified of the judicial action against him.
The three Colombian Supreme Court judges rejected the company’s argument citing a national communication that Prosegur distributed across their worksites, recognizing that the company had received the judicial decision. Prosegur’s national communication said the following:
“Today, the 24th of June 2014, this company was notified of a decision adopted by the judge of the 37th Municipal Criminal Court…….for the supposed non-compliance of the payment of a bonus of 4 million pesos.”
Second arrest warrant in 2015
The arrest warrant from the Supreme Court is the second this year against the person legally responsible for Prosegur in Colombia. In March, the Metropolitan Police of Bogotá undertook a search for Alejandro Agudelo over 13 days for not complying with a judicial order to rehire a fired unionized worker.
“Prosegur has to comply with orders from the courts. The company isn’t above the law”, said Adriana Rosenzvaig, Regional Secretary for UNI Americas.