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. 64. The Committee last examined this case, concerning the refusal to grant workers the right to organize trade unions of their own choosing without previous authorization and the obstruction of trade union pluralism, at its June 2001 meeting [see 325th Report, paras. 414-432]. On that occasion, the Committee requested the Government to take into account that the free exercise of the right to establish and join trade unions implies the free determination of the structure and composition of these trade unions, and that workers should be free to decide whether they prefer to establish, at the primary level, a works union or another form of basic organization, such as an industrial or craft union. The Committee also requested the Government to amend its legislation to bring it into conformity with Conventions Nos. 87 and 98, and to guarantee that workers had the right to establish and join the organizations of their own choosing. Lastly, it requested the Government, considering the foregoing, to inform it of any new requests submitted by SITRAIMASH for legal personality.
2. 65. In its communication of 2 September 2002, the Government indicates that it will take the recommendations formulated by the Committee concerning this case into account once the Labour Code has been amended according to a tripartite procedure. Furthermore, it states that although the current labour legislation still has some shortcomings, all workers and employers enjoy freedom of association. As regards the procedure for trade union registration, the Government explains that the competent bodies check that registration requests meet all of the legal requirements so as to avoid any subsequent cancellations, and that if not all the necessary conditions are met, it provides the interested parties with the relevant observations so that the indicated flaws can be corrected and, therefore, the objectives of Convention No. 87 are met. With regard to the procedure for obtaining legal personality through registration, the Government states that this is governed by an administrative resolution, without the right of workers and employers to establish organizations of their own choosing being undermined. Lastly, the Government states that SITRAIMASH has not made another request for registration with the Labour Administration.
3. 66. The Committee notes this information and brings the legislative aspect of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.