Effect given to the recommendations of the committee and the Governing Body - REPORT_NO329, November 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 123. The Committee last examined this case, concerning the dismissal of trade union officials, the request for the cancellation of the registration of a trade union and non-observance of a collective agreement, at its March 2002 meeting [see 327th Report, paras. 738-761]. On that occasion, the Committee made the following recommendations:
   • – the Committee once again requests the Government to promptly keep it informed of the ruling handed down by the Supreme Court concerning the dismissal of the trade union official Mr. Amílcar Zelada;
   • – as regards the dismissal of the trade union leader Mr. Hipólito Luna Melgarejo (of the trade union of the Agroindustrial San Jacinto SA Enterprise), the Secretary-General and seven leaders of the Single Trade Union of Workers of the Agroindustrial Laredo SA Enterprise, the Committee notes the Government’s indication that the trade union leader Mr. Dionisio Cruz Ramos (Agroindustrial Laredo SA Enterprise) has benefited from a judicial order for reinstatement in his job and that it will keep the Committee informed of the judgements to be handed down in respect of the dismissals of the other trade union leaders. As concerns the dismissals of Mr. Carlos Alberto Paico and Mr. Alfredo Guillermo de la Cruz Barrientos (members of the Board of the Trade Union of Workers of the Industrial Nuevo Mundo Company) and that of the union members and former officials Mr. Alfonso Terrones Rojas and Mr. Zósimo Riveros Villa, the Committee requests the Government to investigate without delay the dismissals and, if it finds that the persons in question were indeed dismissed because of their trade union activities, that it take measures to ensure their reinstatement in their posts. The Committee requests the Government to keep it informed of the development of all legal proceedings connected with the dismissals;
   • – the Committee repeats its previous observation on the need for the Government to take measures to amend the legislation with a view to reducing the minimum number of workers required by law to constitute non-enterprise trade unions.
2. 124. In its communications dated 6 June and 14 September 2002, the Government states that, with regard to the ruling of the Supreme Court on the dismissal of the trade union official Mr. Amílcar Zelada, it declared irreceivable the appeal lodged by the official. Concerning the other alleged dismissals, the Government asked the judicial authorities for information. With regard to the reduction of the minimum number of workers required by law to constitute non-enterprise trade unions, the Government states that the National Council for Labour and Social Promotion, comprised of workers’ and employers’ representatives and representatives from social organizations linked to the sector, has elaborated a draft law to modify the current law on collective labour relations, in particular those referring to collective labour rights. The new article 14 of this law will state that “in order to establish themselves and to maintain their existence, trade unions shall have as members at least twenty (20) workers, for enterprise trade unions; or at least fifty (50) workers, for trade unions not falling into this category”.
3. 125. Having noted the information provided by the Government, the Committee:
   • – notes that the Supreme Court ruled irreceivable the appeal lodged by the trade union official Mr. Amílcar Zelada;
   • – as regards the dismissal of the trade union leader Mr. Hipólito Luna Melgarejo (of the trade union of the Agroindustrial San Jacinto SA Enterprise), the Secretary-General and seven leaders of the Single Trade Union of Workers of the Agroindustrial Laredo SA Enterprise, the Committee takes note of the judicial order for reinstatement in his job of trade union leader Mr. Dionisio Cruz Ramos (Agroindustrial Laredo SA Enterprise), and once again requests the Government to keep it informed of the rulings handed down on the dismissals of the other trade union leaders. As regards the dismissals of Mr. Carlos Alberto Paico and Mr. Alfredo Guillermo de la Cruz Barrientos (members of the Board of the Trade Union of Workers of the Industrial Nuevo Mundo Company) and of the trade union members and former officials Mr. Alfonso Terrones Rojas and Mr. Zósimo Riveros Villa, the Committee, while taking note that the Government is waiting for certain information, requests it once again to investigate without delay the dismissals and, if it finds that the persons in question were indeed dismissed because of their trade union activities, that it take appropriate measures to ensure their reinstatement in their posts. The Committee also, once again, requests the Government to keep it informed of the development of all legal proceedings connected with the dismissals; and
   • – finally, as regards the need to take measures to amend the legislation with a view to reducing the minimum number of workers required by law to constitute non-enterprise trade unions, the Committee notes the draft law to modify the current law on collective labour relations as regards collective labour rights and that the new article 14 of this law will fix the minimum number of workers for enterprise trade unions at 20 and that for non-enterprise trade unions at 50. The Committee requests the Government to keep it informed of developments with regard to this draft law.