Effect given to the recommendations of the committee and the Governing Body - REPORT_NO351, November 2008

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

1. 35. The Committee last examined this case at its June 2007 meeting [see 346th Report, paras 879–902], and, on that occasion, made the following recommendations:
   • (a) As to the alleged slowness of procedures in resolving cases involving anti-union acts, the Committee, while noting that according to the Government, a “Bill to reform labour proceedings” is currently on the parliamentary agenda in order to ensure flexible and swift judicial procedures, requests the Government to keep it informed of developments regarding the Bill in question and expects that it will resolve the problem of the excessive slowness of procedures.
   • (b) As to the dismissal of the members of the executive committee of DINADECO (SINTRAINDECO) (Lucrecia Garita Argüedas, Rafael Ayala Haüsermann and Giselle Vindas Jiménez) a few months after the trade union was established, the Committee requests the Government to keep it informed of the outcome of the judicial or administrative proceedings relating to the dismissals of the trade union leaders in question, and should it be found that they were dismissed on anti-union grounds, to take measures to ensure that they are reinstated in their posts or in similar posts corresponding to their abilities, with payment of wages due and appropriate compensation. Moreover, if the competent judicial authority finds that reinstatement is not possible, the Committee requests that they be fully compensated.
   • (c) Regretting that the Government has not sent its observations concerning the alleged dismissal of the leaders of SINTRAINDECO, Oscar Sánchez Vargas and Irving Rodríguez Vargas, the Committee requests the Government to take measures to ensure that an investigation is carried out in this regard and, should it be found that they were dismissed on anti-union grounds, to take measures to ensure that they are reinstated in their posts, with payment of wages due and appropriate compensation. The Committee requests the Government to keep it informed in this regard. Moreover, if the competent judicial authority finds that reinstatement is not possible, the Committee requests that they be fully compensated.
   • (d) As to the allegations relating to the small number of collective agreements in the country and the very high number of direct agreements signed with non-unionized workers, the Committee expresses its concern at the situation regarding collective bargaining and requests the Government to keep it informed in that respect, as well as with regard to all measures adopted in relation to the small number of collective agreements with a view to ensuring the application of Article 4 of Convention No. 98 regarding the promotion of collective bargaining with workers’ organizations.
2. 36. In a communication dated 20 February 2008, the Government states that there are currently no documents pending or further information which necessitate a statement by the Government. The Government states that it reiterates its reply of 21 December 2006. In this regard, the Government recalls in general that it does not concur with the rash allegations made by the complainant organization, given that they are highly subjective and have no basis in fact or in law. According to the Government, the complainant organization has failed to respect the constitutional principle of due process in that it turned to an international legal body without having first exhausted the legal channels provided by law to deal with unfair labour practices, which amounts to improper use of the bodies of the ILO.
3. 37. The Government adds that it is fully prepared to resolve the administrative and legal proceedings concerning the alleged unfair labour practices referred to by the complainants through the drafting of reasonable policies aimed at protecting the rights of unionized workers, in accordance with the constitutional guarantees of due process and legitimate defence. The Government reiterates that the Ministry of Labour and Social Security organized several meetings with the parties concerned, in an attempt to find a solution which would bring about social and labour peace within the National Community Development Office (DINADECO). It also states that it has taken a clear stance against anti-union practices and does not hesitate to apply the full force of the law in those cases where it has been proven that such illegal acts have been committed. For these reasons the Government requests the Committee to reject the complaint in question, given that the competent authorities have acted within the law and in accordance with the principles of the ILO.
4. 38. The Committee notes this information and welcomes the organization of meetings with the parties by the Ministry of Labour in order to find a solution. As regards the alleged improper use of the ILO bodies, the Committee wishes to point out that its procedure does not require the exhaustion of national procedures [special procedures for the examination in the International Labour Organization of complaints alleging violations of freedom of association, para. 30]. As to the issues referred to in recommendations (a) and (d), the Committee observes that these will be examined within the framework of Case No. 2518. As to recommendations (b) and (c), the Committee reiterates its previous statements and requests the Government to send the specific information requested on that occasion.