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Effect given to the recommendations of the committee and the Governing Body - REPORT_NO383, October 2017

CASE_NUMBER 2929 (Costa Rica) - COMPLAINT_DATE: 29-FEB-12 - Closed

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

Effect given to the recommendations of the committee and the Governing Body
  1. 38. In the previous examination of the case at its meeting in June 2014, the Committee requested the Government to inform it of the outcome of the administrative inquiry being conducted in the Dr Carlos Durán Martín Clinic concerning alleged restrictions on communication between trade union leaders and workers [see 372nd Report, para. 109].
  2. 39. In its communication dated 7 October 2014, the Government submitted the report by the medical officials of the Costa Rican Social Security Fund, indicating that a preliminary inquiry had been conducted to determine whether the alleged facts were true. The Social Security Fund stated that the commission of inquiry set up for this purpose concluded, on 20 August 2012, that there was insufficient information to launch administrative proceedings, since there was no proof of the existence of anti-union practices, nor of errors committed by the officials involved in the facts. On that basis: (i) the South Central Regional Health Services Department dismissed the union complaint on 14 September 2012; (ii) on 22 November 2012 the appeal to reverse judgment lodged by the complainant was rejected; (iii) on 11 December 2012, the appeal filed by the complainant was declared irreceivable; and (iv) on 27 December 2012, the South Central Regional Health Services Department closed the case.
  3. 40. In several communications sent between 11 October 2016 and 17 March 2017, the Government reports that, after it was established that Sintralaydo had the majority needed to engage in collective bargaining, a bargaining process was initiated which concluded on 16 March 2017 with the signature of a collective agreement. The Government further indicates that the disputes between the food company and Sintralaydo are a thing of the past and that the relations between the enterprise and the trade union are very good.
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