Effect given to the recommendations of the committee and the Governing Body - Report No 360, June 2011

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

1. 40. In its previous examination of the case at its November 2010 session, the Committee made the following recommendations on questions still pending [see 358th Report, para. 490]:
   • (a) With regard to the refusal to register the executive committee of the SUTC, the Committee requests the Government to provide a copy of the ruling handed down and firmly expects that it will be handed down in the near future.
   • (b) With regard to the obstacles to negotiating a new collective agreement, the Committee requests the Government to respect the principle of collective bargaining and to continue negotiations with the newly elected committee at least until the Administrative Court of the Supreme Court of Justice has handed down a decision regarding the validity of these trade union elections. The Committee requests the Government to keep it informed in this respect.
2. 41. In its communication of 5 January 2011, the Union of Construction Workers (SUTC) states that on 14 December 2010 it was informed of the ruling handed down at 2 p.m. on 30 November 2010 by the Administrative Proceedings Chamber of the Supreme Court of Justice, which in its operative provisions stipulates that:
   • (a) The resolution issued at 12.00 on 1 February 2010 by the head of the National Department of Social Organizations of the Ministry of Labour and Social Security, refusing the registration of the executive committee of the Union of Construction Workers (SUTC) for the period 2010–11, is hereby ruled to be unlawful;
   • (b) As a means of restoring the right that has been infringed, the party against which the complaint has been filed is required to register the aforementioned executive committee and issue the appropriate credentials ...
3. 42. In its communication of 18 February 2011, the Government sends a copy of the ruling referred to by the SUTC and states that, in accordance with that ruling, the Ministry of Labour and Social Security has registered the SUTC executive committee and issued the appropriate credentials for its members. The Government further states that the executive committee has resumed collective bargaining which is currently at the direct negotiation stage.
4. 43. The Committee notes that in a communication dated 28 April 2011, the National Confederation of Salvadoran Workers (CNTS) provided additional information concerning the pending issues. The Committee requests the Government to provide its observations thereon without delay.