Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 325, Juin 2001

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

1. 50. The Committee last examined this case, concerning the dismissal of a trade union official, at its meeting in March 2001 [see 324th Report, paras. 717-733]. On that occasion, the Committee drew up the following recommendations:
   • (a) In order to be able to give an opinion in full knowledge of the facts, the Committee requests the Government to supply the substance of the ruling handed down by the main Constitutional Division of the Supreme Court concerning the dismissals which were the subject of legal challenges, and of the ruling given by the criminal court dealing with the criminal proceedings initiated by the company against the ten trade union officials.
   • (b) The Committee requests the Government to ensure that trade union rights can be freely exercised at CHENTEX Garments S.A. without the workers being subject to reprisals for their legitimate trade union activities.
   • (c) The Committee is bound to emphasize the importance of the principle that both employers and trade unions bargain in good faith and make every effort to reach an agreement. In accordance with this principle, the Committee reminds the Government that appropriate measures should be taken to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of the terms and conditions of employment by means of collective agreements.
2. 51. In its communication of 30 April 2001, the Government sent the Committee a copy of the ruling handed down by the main Constitutional Division of the Supreme Court concerning the dismissals which were the subject of legal challenges. This ruling ordered the reinstatement of nine trade unionists into their previous positions, under the same terms and conditions that had previously applied. As soon as the Government has been informed of the ruling handed down by the criminal court, it will send a copy to the Committee. The Government stated that the Ministry of Labour maintains a labour inspectorate in the export processing zone to ensure that workers are not subject to reprisals for carrying out their legitimate trade union activities, including employees at CHENTEX Garments S.A. Furthermore, the Government sent a copy of the collective agreement signed by the enterprise and the Trade Union of Independent Workers, which, in accordance with the country’s labour laws, covers all workers of the enterprise. With its communication of 11 May 2001, the Government attaches a copy of the agreement concluded by the company and the complainant organization whereby: all the labour and criminal proceedings currently pending are withdrawn; four trade union leaders are reinstated into their jobs; and the phased-in reinstatement of 17 other workers is planned. The parties to the agreement further agree to resort to negotiation and dialogue to settle disputes.
3. 52. The Committee notes this information with satisfaction.