Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

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

1. 19. The Committee last examined this case, in connection with the dismissal of the leader of the Association of Workers of the Provincial and Municipal Public Administration of Salta (ATAP), Ms Marina del Valle Guanca, and the transfer of three other ATAP leaders, at its November 2011 meeting. On that occasion, it was still awaiting the additional information which the Government had indicated that it intended to obtain concerning the alleged anti union transfers of three ATAP leaders. The Committee also requested the Government to send without delay its observations concerning the ATAP’s allegations relating to obstacles and delays in the handling of a penal complaint against the authorities of the province’s Ministry of Labour and Social Welfare concerning the check-off code for the deduction of trade union dues [see 360th Report, paras 24–26].
2. 20. In communications dated 12 January and 22 March 2012, the ATAP states that it has filed a penal complaint in this case and requested that the Governor of Salta province, the Ministry of Labour and Social Welfare, the Secretary-General for Governance, and the judges of the Salta Court of Justice be prosecuted for anti-trade union discrimination, failure to comply with international treaties, and abuse of authority and violation of the duties of public servants.
3. 21. In a communication dated 19 July 2011, the Government forwarded a report, transmitted by the General Directorate for Revenues, in which it is stated that: (1) the decision ordering the reinstatement of the union leader, Ms Marina del Valle Guanca, was overturned by the Salta Court of Justice and Ms del Valle Guanca filed an extraordinary appeal before the Salta Supreme Court; that appeal is currently pending before the provincial Court of Justice, which will determine whether it will be allowed; (2) the alleged transfers of three trade union leaders are in fact not transfers but simply internal rotations within the agency (General Directorate for Revenues), with no change to either the employment status or the salaries of the agents concerned; and (3) the General Directorate for Revenues has no jurisdiction over the matter of union dues.
4. 22. The Committee notes this information. The Committee requests the Government: (1) to keep it informed of the progress made in the proceedings relating to the extraordinary appeal filed by the ATAP in connection with the dismissal of the union leader, Ms Marina del Valle Guanca; (2) to send its observations without delay on the ATAP’s allegations concerning the obstacles and delays in the handling of the penal complaint against the provincial authorities of the Ministry of Labour and Social Welfare in connection with the check-off code for the deduction of trade union dues; and (3) to keep it informed of the progress made with regard to the criminal complaint filed by the ATAP against the Governor of Salta province, the Ministry of Labour and Social Welfare, the Secretary General for Governance, and the judges of the Salta Court of Justice on the grounds of anti-trade union discrimination, failure to comply with international treaties, and abuse of authority and violation of the duties of public servants.