Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 357, Juin 2010

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

1. 35. The Committee last examined this case at its November 2009 meeting [see 355th Report, paras 401–432]. On that occasion, the Committee formulated the following conclusions:
   • (a) With regard to the case concerning the lifting of the trade union immunity of Mr Pedro Sánchez Romero as part of the process of restructuring SENA, the Committee requests the Government to inform it of the final outcome of the appeal against the declaration of the time bar brought before the High Court of Cartagena District.
   • (b) With regard to the allegations concerning SENA’s refusal to bargain collectively with SINDESENA, the Committee notes with interest that Decree No. 535 concerning section 416 of the Labour Code was adopted on 24 February 2009, setting out the procedure to be followed with regard to collective bargaining in the public sector and requests the Government to take the necessary measures to ensure that the trade union organization is able to bargain collectively within SENA.
   • (c) With regard to the allegations relating to the disciplinary proceedings under way, initiated by SENA with regard to Ms María Inés Amézquita, Mr Jesús Horacio Sánchez, Mr Carlos Arturo Rubio and Mr Gustavo Gallego, the Committee expects that the trade union rights of those concerned will be fully respected, and that these proceedings will be concluded rapidly. The Committee requests the Government to keep it informed in this regard.
   • (d) With regard to the declaration of illegality by the administrative authority concerning a permanent assembly held by SINTRAEMCALI within EMCALI, which led to the dismissal of 45 trade union members and six trade union leaders, and taking into account that: (1) Decision No. 1696 of 2004, which declared the permanent assembly illegal, and under which the 45 trade union members and six union leaders were dismissed, was declared null and void by the Council of State; (2) the appeal for clarification against the Council’s decision was rejected (even though the appeal filed by the enterprise is still pending); (3) there are no criminal charges of any kind against the trade unionists for violent acts; and (4) more than five years have passed since the events occurred, the Committee requests the Government to consider taking the necessary measures to ensure the reinstatement of the 45 trade union members and six union leaders who were dismissed, until the ordinary judicial authority pronounces definitive rulings. The Committee requests the Government to keep it informed in this regard.
   • (e) With regard to the launch of 462 disciplinary proceedings against EMCALI workers as a result of the declaration of illegality concerning the permanent assembly of 2004, and the pressure placed on workers not to discuss trade union issues under threat of dismissal, the Committee recalls that the declaration of illegality concerning the permanent assembly (Decision No. 1696) was declared null and void by the Council of State and requests the Government to send a copy of the Attorney-General’s report, according to which the proceedings in question were not initiated and the enterprise allows the trade union’s officials and members to fully exercise their trade union rights.
2. 36. In a communication dated 3 March 2010, the Government states that as regards the lifting of the trade union immunity of Mr Pedro Sánchez Romero as part of the process of restructuring SENA, the High Court of Cartagena (Fourth Labour Chamber) overturned the ruling of the lower court, according to which the time limit allowed for seeking the lifting of trade union immunity had expired, thereby authorizing the measure in question and allowing SENA to end its legal relationship with Mr Romero. The Committee notes this information.
3. 37. As regards SENA’s alleged refusal to bargain collectively, the Government states that under the terms of section 416 of the Substantive Labour Code, implemented through Decree No. 535 of 2009, SINDESENA presented a list of demands on which negotiations were concluded successfully on 15 December 2009, thereby establishing improved conditions of employment and better relations between the management of SENA and its public employees. The Committee notes this information with interest.
4. 38. As regards the disciplinary proceedings against Ms María Inés Amézquita, Mr Jesús Horacio Sánchez, Mr Carlos Arturo Rubio and Mr Gustavo Gallego, which were, according to the allegations, part of a policy of repression at a number of regional departments, the Government states that an official order was given on 26 March 2009 for the definitive shelving of the investigation regarding the public employees in question. The Committee notes this information.
5. 39. Lastly, the Committee notes that the Government has not sent any information on the Committee’s previous recommendations (d) and (e), and requests it to do so without delay.