Effect given to the recommendations of the committee and the Governing Body - REPORT_NO382, June 2017

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

1. 97. The Committee recalls that the allegations still pending in this case concern the return of trade union dues to workers affiliated with the National Federation of Workers of the State Petroleum Enterprise of Ecuador (FETRAPEC), the adoption of legislation contrary to trade union independence and the right to collective bargaining, and the dismissal of trade unionists. The Committee last considered this case at its June 2014 session [see Report No. 372, paras 264–285] and, on that occasion, made the following recommendations:
   • (a) The Committee requests the Government to keep it informed of any developments regarding the return of the union dues to the members of FETRAPEC.
   • (b) The Committee requests the Government to take the necessary measures, in full consultation with the social partners, to amend the legislation as specified in its conclusions so as to guarantee specific protection against anti-union discrimination including anti-union dismissals and to establish sufficiently dissuasive sanctions against such acts. In addition, the Committee once again requests the Government to promote without delay the commencement of discussions between FETRAPEC and the company with a view to the reinstatement of the trade union leaders Edgar de la Cueva, Ramiro Guerrero, John Plaza Garay and Diego Cano Molestina. The Committee requests the Government to keep it informed on these matters.
   • (c) As regards the alleged mass anti-union dismissals that took place in the E.P. PETROECUADOR enterprise in 2009 and 2010, the Committee deeply deplores the fact that, despite the time that has elapsed, the Government has not sent the requested information, particularly on the alleged anti-union nature of the mass dismissals, having limited itself to emphasizing the fact that the dismissed workers and trade union members were compensated, and therefore urges it to take the necessary measures to ensure that an independent investigation is conducted into the allegation and to keep it informed of the outcome.
   • (d) The Committee requests the Government to keep it informed of the outcome of the ongoing criminal proceedings against the workers who participated in a work stoppage in the Unit for the Generation, Distribution and Commercialization of Electrical Energy of Guayaquil (Unidad Eléctrica de Guayaquil) enterprise.
   • (e) The Committee urges the Government to annul Ministerial Orders Nos 00080 and 00155A and their effects, since they seriously violate the principle of free and voluntary collective bargaining enshrined in Convention No. 98. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case.
   • (f) The Committee requests the Government to ensure the consultation of the workers’ and employers’ organizations on the regulations and procedures of the Ministry of Labour.
   • (g) The Committee urges the Government to continue to promote dialogue with the representative trade union organizations, particularly as regards meetings with the union representatives and the work of the CNT, and to keep it informed of any developments in that regard.
2. 98. The Committee takes note of the additional information sent by FETRAPEC in a communication dated 28 May 2015 and of the union’s allegation that the Government lacks the political will to give effect to the Committee’s recommendations and that, specifically: (i) despite the statements made by the Government, neither FETRAPEC nor any of its four enterprise committees (the Single Enterprise Committee of Workers of Petroecuador (CETAPE), the National Enterprise Committee of Petroproducción Workers (CENAPRO), the National Enterprise Committee of Petroindustrial Workers (CETRAPIN) and the National Enterprise Committee of Petrocomercial Workers (CENAPECO) has ceased to exist or lost legal personality; (ii) despite Government attacks, the unions and the Federation have neither embarked on a dissolution procedure nor been the subject of a court ruling to that effect; (iii) the enterprise committee mentioned by the Government (the Works Council of the Public Hydrocarbon Enterprise PETROECUADOR (CETRAPEP)) is now part of FETRAPEC and its General Secretary, Mr John Reyes, is the current president of FETRAPEC; this demonstrates that the Federation is still representative; and (iv) despite the Committee’s repeated recommendations, the Government has not taken any steps with a view to reinstatement of the four FETRAPEC officials, Mr Edgar de la Cueva, Mr Ramiro Guerrero, Mr John Plaza Garay and Mr Diego Cano Molestina.
3. 99. The Committee deeply regrets that since its last consideration of the case in June 2014, it has received no observations from the Government concerning the various actions requested in relation to the pending allegations in this case, despite the importance of the issues raised therein. The Committee also regrets to note that the Government seems to have taken no action to implement the Committee’s recommendations. Recalling that the legal aspects of this case are under review by the Committee of Experts on the Application of Conventions and Recommendations, the Committee again urges the Government to: (i) keep it informed of any developments regarding the return of union dues to the members of FETRAPEC; (ii) promote without delay the commencement of discussions between FETRAPEC and the company with a view to reinstating the dismissed trade union leaders Mr Edgar de la Cueva, Mr Ramiro Guerrero, Mr John Plaza Garay and Mr Diego Cano Molestina; (iii) take the necessary measures to ensure that an independent investigation is conducted into the alleged mass anti-union dismissals that took place at the E.P. PETROECUADOR enterprise in 2009 and 2010; (iv) inform it of the outcome of the criminal proceedings against the workers who participated in a work stoppage at the Unit for the Generation, Distribution and Commercialization of Electrical Energy of Guayaquil (Unidad Eléctrica de Guayaquil); and (v) continue promoting dialogue with the representative trade union organizations. The Committee requests the Government to keep it informed of these matters and invites it to be more cooperative in the future.