Effect given to the recommendations of the committee and the Governing Body - REPORT_NO392, October 2020

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

1. 45. The Committee last examined this case at its June 2018 meeting, when it made the following recommendations [see 386th Report, para. 296]:
   • (a) As regards the dismissals of members of the executive committee of the complainant organization, the Committee requests the Government to keep it informed of further developments, particularly to provide further details regarding its recommendation to reinstate the dismissed trade union officials and its implementation.
   • (b) The Committee requests the Government to ensure that the members of the executive committee of the complainant organization are able to take trade union leave, in accordance with the decisions applying the principles of freedom of association mentioned in its conclusions, and invites the Government, with a view to determining arrangements for such leave, to promote dialogue and collective bargaining between the parties concerned. The Committee requests the Government to keep it informed in this respect.
   • (c) The Committee encourages the Government to continue promoting social dialogue between the parties to address any pending issues and invites the complainant organization to supply any additional information that it may have on this matter. It also requests the Government to keep it informed of developments.
2. 46. In a communication dated 27 May 2019, the Government provided the following information in response to the Committee’s recommendations:
3. 1. The Government indicates that the dismissals of the members of the executive board of the Trade Union for the Defence of Workers of the Social Security Institute of El Salvador (SIDETISSS) were undertaken pursuant to the final rulings of the competent courts, which authorized the dismissals. The six individuals concerned were notified of these rulings. The Government states that the requests for reinstatement were not admissible because the various judicial rulings had found that the individuals had committed offences that merited dismissal.
4. 2. With regard to trade union leave, the Government reports that, in accordance with the law, it is fully aware of the obligation to grant leave for trade union activities, although it recalls that requests for leave must comply with the standards set out in the regulations. In this respect, the Government refers to the opinion of the Constitutional Chamber of the Supreme Court of Justice contained in ruling for the protection of constitutional rights No. 746-2011 of 26 June 2015: (i) stating that “trade union leave is thus the instrument whereby the employer authorizes union leaders to be absent from the workplace during working hours in order to accomplish specific activities essential to the proper functioning and development of the labour organization, provided that such leave is reasonable, proportionate and necessary”; and (ii) recalling the content of Article 6(2) of the Labour Relations (Public Service) Convention, 1978 (No. 151), under which, “the granting of such facilities shall not impair the efficient operation of the administration or service concerned”.
5. 3. Lastly, regarding the promotion of social dialogue between the parties to address matters that may remain pending, the Government indicates that the Administration of the Salvadoran Social Security Institute (ISSS) maintains dialogue with all the trade unions legally established within the ISSS, including SIDETISSS.
6. 47. The Committee further notes that the complainant organization, SIDETISSS, has not provided additional information, despite having been invited to do so.
7. 48. In these circumstances, and taking due note of the information provided by the Government, the Committee considers this case closed and will not pursue its examination.