Effect given to the recommendations of the committee and the Governing Body - REPORT_NO359, March 2011

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

1. 128. The Committee last examined this case at its June 2010 meeting, when it made the following recommendations on the matters still pending [see 357th Report, para. 801]:
   • ... with regard to the allegation concerning the dismissal of 25 workers of the municipality of Surquillo for forming a trade union and demanding the payment of their wages for December 2007, the Committee notes with regret the Government’s statement to the effect that the labour inspectorate established that 23 of the 25 workers in question had been dismissed arbitrarily. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings instituted by a number of workers (one worker has been reintegrated and compensated) and, if the dismissals prove to have been of an anti-union nature, to take steps to ensure that the dismissed workers are reinstated in their posts, without loss of pay or benefits. In the event that the reinstatement of the dismissed workers concerned is not possible for objective and compelling reasons, the Committee requests the Government to ensure that they are paid adequate compensation which would constitute a sufficiently dissuasive sanction against anti-union dismissals.
2. 129. In its communications dated 20 October 2010 and 7 February 2011, the Government sent information on the status of the judicial proceedings instituted by the workers in question. In the first instance, the majority of the workers obtained a ruling that partially upheld the petition but appeals or judicial reviews were lodged.
3. 130. The Committee takes note of this information and requests the Government to transmit the outcome of the appeals or judicial reviews regarding the dismissal of the trade unionists in question.